Commonwealth of Pennsylvania: Draft NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the Commonwealth of Pennsylvania, 33541-33545 [E7-11697]

Download as PDF Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices Document ADAMS accession No. Transmittal letter .......................................................................................................................................................... License renewal application ........................................................................................................................................ Site Environmental Report Supplement ...................................................................................................................... Environmental Report Supplement Appendix ............................................................................................................. NRC acceptance letter ................................................................................................................................................ ML071000128 ML071000128 ML071000137 ML071000144 ML071170603 If you do not have access to the NRC’s ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR), reference staff at 1–800–397–4209, 301–415–4737, or via e-mail to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O–1–F–21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Rockville, Maryland, this 11th day of June, 2007. For the Nuclear Regulatory Commission. Gary Janosko, Deputy Director, Fuel Facility Licensing Directorate, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. [FR Doc. E7–11686 Filed 6–15–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Notice of License Termination and Release of the SC Holdings, Inc. Site in Bay City, MI for Unrestricted Use Nuclear Regulatory Commission. ACTION: Notice of license termination and site release for unrestricted use. AGENCY: FOR FURTHER INFORMATION CONTACT: David W. Nelson, Materials Decommissioning Section, Division of Waste Management and Environmental Protection, NRC, Washington, DC 20555; telephone: (301) 415–6626; fax: (301) 415–5397; or e-mail at: dwn@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR part 20 subpart E, the U.S. Nuclear Regulatory Commission (NRC) is providing notice that it has terminated license SUC–1565 for the SC Holdings, Inc., and has released its Bay City, Michigan site for unrestricted use. The Licensee’s VerDate Aug<31>2005 18:19 Jun 15, 2007 requests for an amendment to authorize decommissioning of its Bay City, Michigan site were previously noticed in the Federal Register on March 2, 2006. In a letter dated December 5, 2006, SC Holdings, Inc. provided final radiological status surveys to demonstrate that the site met the license termination criteria in 10 CFR part 20 subpart E. NRC staff conducted numerous inspections and confirmatory surveys including the collection of samples and independent measurements of on-site soils and building surfaces. The NRC staff evaluated SC Holdings, Inc. requests and reviewed the results of the final radiological surveys. Based on those reviews, the staff determined that the site met the unrestricted release criteria in 10 CFR part 20 subpart E. The staff prepared a Safety Evaluation Report (SER) (ADAMS ML070430246) to support its termination of the SC Holdings, Inc. Bay City license. II. Further Information [Docket No. 040–09022] jlentini on PROD1PC65 with NOTICES 33541 Jkt 211001 In accordance with 10 CFR part 2.390 of the NRC’s ‘‘Rules of Practice,’’ details with respect to this action, including the SER, are available electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/reading-rm/ adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The ADAMS accession number for the termination letter with enclosed SER, titled ‘‘Release of the SC Holdings, Inc., Bay City, Michigan, and Termination of License (License No. SUC–1565)’’ is ML070430246. If you do not have access to ADAMS or if there are problems in accessing a document located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr@nrc.gov. This document may also be viewed electronically on the public computers located at the NRC’s PDR, O–1–F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Date 4/2/07 4/2/07 4/2/07 4/2/07 5/14/07 reproduction contractor will copy documents for a fee. Dated at NRC, Rockville, MD, this day of June 1, 2007. For the Nuclear Regulatory Commission. Keith I. McConnell, Deputy Director, Decommissioning and Uranium Recovery, Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E7–11710 Filed 6–15–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Commonwealth of Pennsylvania: Draft NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the Commonwealth of Pennsylvania Nuclear Regulatory Commission. ACTION: Notice of a proposed Agreement with the Commonwealth of Pennsylvania. AGENCY: SUMMARY: By letter dated November 9, 2006, Governor Edward G. Rendell of Pennsylvania requested that the U. S. Nuclear Regulatory Commission (NRC or Commission) enter into an Agreement with the Commonwealth as authorized by Section 274 of the Atomic Energy Act of 1954, as amended (Act). Under the proposed Agreement, the Commission would give up, and Pennsylvania would take over, portions of the Commission’s regulatory authority exercised within the Commonwealth. As required by the Act, the NRC is publishing the proposed Agreement for public comment. The NRC is also publishing the summary of an assessment by the NRC staff of the Pennsylvania regulatory program. Comments are requested on the proposed Agreement, especially its effect on public health and safety. Comments are also requested on the draft NRC staff assessment, the adequacy of the Pennsylvania program, and the Commonwealth’s program staff, as discussed in this notice. E:\FR\FM\18JNN1.SGM 18JNN1 jlentini on PROD1PC65 with NOTICES 33542 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices The proposed Agreement would release (exempt) persons who possess or use certain radioactive materials in Pennsylvania from portions of the Commission’s regulatory authority. The Act requires that the NRC publish those exemptions. Notice is hereby given that the pertinent exemptions have been previously published in the Federal Register and are codified in the Commission’s regulations as 10 CFR part 150. DATES: The comment period expires July 18, 2007. Comments received after this date will be considered if it is practical to do so, but the Commission cannot assure consideration of comments received after the expiration date. ADDRESSES: Written comments may be submitted to Mr. Michael T. Lesar, Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, Washington, DC 20555– 0001. Comments may be submitted electronically at nrerep@nrc.gov. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The documents may be accessed through the NRC’s Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/ adams.html. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) reference staff at (800) 397–4209, or (301) 415–4737, or by e-mail to pdr@nrc.gov. Copies of comments received by NRC may be examined at the NRC Public Document Room, 11555 Rockville Pike, Public File Area O–1–F21, Rockville, Maryland. Copies of the request for an Agreement by the Governor of Pennsylvania including all information and documentation submitted in support of the request, and copies of the full text of the NRC Draft Staff Assessment are also available for public inspection in the NRC’s Public Document Room—ADAMS Accession Numbers: ML070240128, ML063400549, ML070240055, ML063330295, ML070290041, ML070290046, ML070260116, ML070260179, ML070260026, ML070260119, ML070250054, ML063400559, ML070790604, ML070790609, ML070790612, ML070790616, ML070790620, and ML070890378. FOR FURTHER INFORMATION CONTACT: Mr. Andrew N. Mauer, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, VerDate Aug<31>2005 18:19 Jun 15, 2007 Jkt 211001 DC 20555–0001. Telephone (301) 415– 3962 or e-mail to anm@nrc.gov. SUPPLEMENTARY INFORMATION: Since Section 274 of the Atomic Energy Act of 1954, as amended (Act) was added in 1959, the Commission has entered into Agreements with 34 States. The Agreement States currently regulate approximately 17,600 Agreement material licenses, while the NRC regulates approximately 4,400 licenses. Under the proposed Agreement, approximately 690 NRC licenses will transfer to Pennsylvania. The NRC periodically reviews the performance of the Agreement States to assure compliance with the provisions of Section 274. Section 274e 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 the requirement. I. Background (a) Section 274b of the Act provides the mechanism for a State to assume regulatory authority, from the NRC, over certain radioactive materials 1 and activities that involve use of the materials. In a letter dated November 9, 2006, Governor Rendell certified that the Commonwealth of Pennsylvania has a program for the control of radiation hazards that is adequate to protect public health and safety within Pennsylvania for the materials and activities specified in the proposed Agreement, and that the Commonwealth desires to assume regulatory responsibility for these materials and activities. Included with the letter was the text of the proposed Agreement, which is shown in Appendix A to this notice. The radioactive materials and activities (which together are usually referred to as the ‘‘categories of materials’’) that the Commonwealth of Pennsylvania requests authority over are: (1) The possession and use of byproduct materials as defined in Section 11e.(1) of the Act; (2) The possession and use of byproduct materials as defined in Section 11e.(3) of the Act; 1 The radioactive materials, sometimes referred to as ‘‘Agreement materials,’’ are: (a) Byproduct materials as defined in Section 11e.(1) of the Act; (b) byproduct materials as defined in Section 11e.(3) of the Act; (c) byproduct materials as defined in Section 11e.(4) of the Act; (d) source materials as defined in Section 11z. of the Act; and (e) special nuclear materials as defined in Section 11aa. of the Act, restricted to quantities not sufficient to form a critical mass. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 (3) The possession and use of byproduct materials as defined in Section 11e.(4) of the Act; (4) The possession and use of source materials; (5) The possession and use of special nuclear materials in quantities not sufficient to form a critical mass; and (6) The regulation of the land disposal of: byproduct materials as defined in Section 11e.(1), 11e.(3), or 11e.(4) of the Act; source; or special nuclear waste materials received from other persons. (b) The proposed Agreement contains articles that: • Specify the materials and activities over which authority is transferred; • Specify the activities over which the Commission will retain regulatory authority; • Continue the authority of the Commission to safeguard nuclear materials and restricted data; • Commit the Commonwealth of Pennsylvania and NRC to exchange information as necessary to maintain coordinated and compatible programs; • Provide for the reciprocal recognition of licenses; • Provide for the suspension or termination of the Agreement; and • 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 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 Pennsylvania. (c) The regulatory program is authorized by law under the Radiation Protection Act (35 P.S. 7110.101– 7110.703). Section 7110.201 provides the authority for the Governor to enter into an Agreement with the Commission. Pennsylvania law contains provisions for the orderly transfer of regulatory authority over affected licensees from the NRC to the Commonwealth. After the effective date of the Agreement, licenses issued by NRC would continue in effect as Pennsylvania licenses until the licenses expire or are replaced by State-issued licenses. NRC licenses transferred to Pennsylvania which contain requirements for decommissioning and express an intent to terminate the license when decommissioning has been completed under a Commissionapproved decommissioning plan will continue as Pennsylvania licenses and will be terminated by Pennsylvania when the Commission-approved E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices decommissioning plan has been completed. Pennsylvania currently regulates the users of naturally-occurring and accelerator-produced radioactive materials. The Energy Policy Act of 2005 (EPAct) expanded the Commission’s regulatory authority over byproduct materials as defined in Sections 11e.(3) and 11e.(4) of the Act, to include certain naturally-occurring and accelerator-produced radioactive materials. On August 31, 2005, the Commission issued a time-limited waiver (70 FR 51581) of the EPAct requirements. Under the proposed Agreement, Pennsylvania would assume regulatory authority for these radioactive materials. Therefore, if the proposed Agreement is approved, the Commission would terminate the timelimited waiver in Pennsylvania coincident with the effective date of the Agreement. Also, a notification of waiver termination would be provided in the Federal Register for the final Agreement. (d) The NRC draft staff assessment finds that the Commonwealth of Pennsylvania Bureau of Radiation Protection of the Pennsylvania Department of Environmental Protection is adequate to protect public health and safety, and is compatible with the NRC program for the regulation of Agreement materials. jlentini on PROD1PC65 with NOTICES II. Summary of the NRC Staff Assessment of the Pennsylvania Program for the Control of Agreement Materials The NRC staff has examined the Pennsylvania request for an Agreement with respect to the ability of the radiation control program to regulate Agreement materials. The examination was based on 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,’’ (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), and the Office of Federal and State Materials and Environmental Management Programs (FSME) Procedure SA–700, ‘‘Processing an Agreement.’’ (a) Organization and Personnel. The Agreement materials program will be located within the existing Bureau of Radiation Protection (BRP) of the Pennsylvania Department of Environmental Protection (PADEP). The Bureau will be responsible for all regulatory activities related to the proposed Agreement. VerDate Aug<31>2005 18:19 Jun 15, 2007 Jkt 211001 The educational requirements for the BRP staff members are specified in the Commonwealth of Pennsylvania personnel position descriptions, and meet the NRC criteria with respect to formal education or combined education and experience requirements. All current staff members hold at least bachelor’s degrees in physical or life sciences, or have a combination of education and experience at least equivalent to a bachelor’s degree. Several staff members hold advanced degrees, and all have had additional training plus working experience in radiation protection. Supervisory level staff each have at least seven years working experience in radiation protection. The BRP performed and the NRC staff reviewed an analysis of the expected workload under the proposed Agreement. Based on the NRC staff review of the BRP’s staff analysis, the BRP has an adequate number of staff to regulate radioactive materials under the terms of the Agreement. The BRP will employ a staff with at least the equivalent of 17.2 full-time professional/technical and administrative employees for the Agreement materials program. Pennsylvania has indicated that the BRP has an adequate number of trained and qualified staff in place. Pennsylvania has developed qualification procedures for license reviewers and inspectors which are similar to the NRC’s procedures. The technical staff are working with NRC license reviewers in the NRC Region I Office and accompanying NRC staff on inspections of NRC licensees in Pennsylvania. Pennsylvania is also actively further supplementing their experience through direct meetings, discussions, and facility walk-downs with NRC licensees in Pennsylvania, and through self-study, in-house training, and formal training. In the course of the NRC staff’s continued interactions with Pennsylvania, the NRC staff will confirm the assurances that Pennsylvania provided concerning having an adequate number of trained and qualified staff in place, based on Pennsylvania’s staff needs analysis and qualification procedures. Specifically, the NRC staff will verify how BRP staff fit into the qualification process, which staff are qualified in certain areas, and the basis for the determinations. (b) Legislation and Regulations. In conjunction with the rulemaking authority vested in the Environmental Quality Board by Section 302 of the Pennsylvania Radiation Protection Act 1984–147, PADEP has the requisite PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 33543 authority to promulgate regulations for protection against radiation. The law provides PADEP the authority to issue licenses, issue orders, conduct inspections, and to enforce compliance with regulations, license conditions, and orders. Licensees are required to provide access to inspectors. The NRC staff verified that Pennsylvania adopted the relevant NRC regulations in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 70, 71, and 150 into Pennsylvania Code Title 25, Environmental Protection by reference. The NRC staff also verified that Pennsylvania adopted the relevant NRC regulations in 10 CFR Part 61 into Pennsylvania Code Title 25, Environmental Protection. The NRC staff also approved an order to implement Increased Controls requirements for risk-significant radioactive materials for certain Pennsylvania licensees under the proposed Agreement. As a result of the renumbering of 10 CFR Part 71 in 2004, Pennsylvania is proceeding with necessary revisions to their regulations to ensure compatibility, that will be effective by October 1, 2007. Therefore, on the proposed effective date of the Agreement, Pennsylvania will have adopted an adequate and compatible set of radiation protection regulations which apply to byproduct, source, and special nuclear materials in quantities not sufficient to form a critical mass. The NRC staff also verified that Pennsylvania will not attempt to enforce regulatory matters reserved to the Commission. (c) Storage and Disposal. Pennsylvania has also adopted by reference the NRC requirements for the storage of radioactive material and for the land disposal of radioactive material as waste. The waste disposal requirements cover both the disposal of waste generated by the licensee and the disposal of waste generated by and received from other persons. (d) Transportation of Radioactive Material. Pennsylvania has adopted the NRC regulations in 10 CFR Part 71 by reference. 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. Pennsylvania will not attempt to enforce portions of the regulations related to activities, such as approving packaging designs, which are reserved to NRC. (e) Recordkeeping and Incident Reporting. Pennsylvania has adopted by reference the Sections of the NRC regulations which specify requirements E:\FR\FM\18JNN1.SGM 18JNN1 jlentini on PROD1PC65 with NOTICES 33544 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices for licensees to keep records, and to report incidents or accidents involving materials. (f) Evaluation of License Applications. Pennsylvania has adopted by reference the NRC regulations that specify the requirements a person must meet to get a license to possess or use radioactive materials. Pennsylvania has also developed a licensing procedures manual, along with the accompanying regulatory guides, which are adapted from similar NRC documents and contain guidance for the program staff when evaluating license applications. (g) Inspections and Enforcement. Pennsylvania 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 program has adopted procedures for the conduct of inspections, reporting of inspection findings, and reporting inspection results to the licensees. Pennsylvania has also adopted procedures for the enforcement of regulatory requirements, and is authorized by law to enforce the State rules using a variety of sanctions, including the imposition and collection of civil penalties, and the issuance of orders to suspend, modify or revoke licenses, or to impound materials. (h) Regulatory Administration. Pennsylvania is bound by requirements specified in Commonwealth law for rulemaking, issuing licenses, and taking enforcement actions. The program has also adopted administrative procedures to assure fair and impartial treatment of license applicants. Pennsylvania law prescribes standards of ethical conduct for Commonwealth employees. (i) Cooperation with Other Agencies. Pennsylvania law deems the holder of an NRC license on the effective date of the proposed Agreement to possess a like license issued by Pennsylvania. The law provides that these former NRC licenses will expire either 90 days after receipt from the radiation control program of a notice of expiration of such license or on the date of expiration specified in the NRC license, whichever is later. In the case of NRC licenses that are terminated under restricted conditions required by 10 CFR 20.1403 prior to the effective date of the proposed Agreement, Pennsylvania deems the termination to be final despite any other provisions of Commonwealth law or rule. For NRC licenses that, on the effective date of the proposed Agreement, contain a license condition indicating intent to terminate the license upon completion of a Commission approved decommissioning plan, the transferred license will be terminated by VerDate Aug<31>2005 18:19 Jun 15, 2007 Jkt 211001 Pennsylvania under the plan so long as the licensee conforms to the approved plan. Pennsylvania 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 included under the continuation provision. The Pennsylvania Code provides exemptions from the Commonwealth’s requirements for licensing of sources of radiation for NRC and U.S. Department of Energy contractors or subcontractors. The proposed Agreement commits Pennsylvania 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 Pennsylvania’s program will continue to be compatible with the Commission’s program for the regulation of Agreement materials. The proposed Agreement stipulates the desirability of reciprocal recognition of licenses, and commits the Commission and Pennsylvania to use their best efforts to accord such reciprocity. III. Staff Conclusion Section 274d of the Act 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 Commission’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 NRC staff has reviewed the proposed Agreement, the certification by the Commonwealth of Pennsylvania in the application for an Agreement submitted by Governor Rendell on November 9, 2006, and the supporting information provided by the staff of the Bureau of Radiation Protection of the Pennsylvania Department of Environmental Protection, and concludes that, except as discussed PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 above in Section II. ‘‘Summary of the NRC Staff Assessment of the Pennsylvania Program for the Control of Agreement Materials,’’ (a) ‘‘Organization and Personnel,’’ of this document, the Commonwealth of Pennsylvania satisfies 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,’’ and therefore, meets the requirements of Section 274 of the Act. The proposed Pennsylvania program to regulate Agreement materials, as comprised of statutes, regulations, and procedures, is compatible with the program of the Commission and is adequate to protect public health and safety with respect to the materials covered by the proposed Agreement. With respect to discussion above in Section II. ‘‘Summary of the NRC Staff Assessment of the Pennsylvania Program for the Control of Agreement Materials,’’ (a) ‘‘Organization and Personnel,’’ once the NRC staff confirms the assurances provided by Pennsylvania concerning staff training and qualifications, the staff will be able to conclude that area is satisfied. Dated at Rockville, Maryland, this 11th day of June, 2007. For the Nuclear Regulatory Commission. Scott W. Moore, Deputy Director Division of Materials Safety and State Agreements, Office of Federal and State Materials and Environmental Management Programs. Appendix A— An Agreement Between the United States Nuclear Regulatory Commission and the Commonwealth of Pennsylvania for the Discontinuance of Certain Commission Regulatory Authority and Responsibility Within the Commonwealth Pursuant to Section 274 of the Atomic Energy Act of 1954, As Amended Whereas, The United States Nuclear Regulatory Commission (the Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2011 et seq. (the Act), to enter into agreements with the Governor of any State/ Commonwealth providing for discontinuance of the regulatory authority of the Commission within the Commonwealth 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 Commonwealth of Pennsylvania is authorized under the Pennsylvania Radiation Protection Act, Act of July 10, 1984, P.L. 688, No. 147, as amended, 35 P.S. § 7110.101 et seq., to enter into this Agreement with the Commission; and, E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices Whereas, The Governor of the Commonwealth of Pennsylvania certified on November 8, 2006, that the Commonwealth of Pennsylvania (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 by this Agreement, and that the Commonwealth desires to assume regulatory responsibility for such materials; and, Whereas, The Commission found on [date] 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 public 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 the reciprocal recognition of licenses, and of the granting of limited exemptions from licensing of those materials subject to this Agreement; and, Whereas, This Agreement is entered into pursuant to the provisions of the Act; Now, therefore, It is hereby agreed between the Commission and the Governor of the Commonwealth acting on behalf of the Commonwealth as follows: jlentini on PROD1PC65 with NOTICES 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 Commonwealth under Chapters 6, 7, and 8, and Section 161 of the Act with respect to the following materials: 1. Byproduct materials as defined in Section 11e.(1) of the Act; 2. Byproduct materials as defined in Section 11e.(3) of the Act; 3. Byproduct materials as defined in Section 11e.(4) of the Act; 4. Source materials; 5. Special nuclear materials in quantities not sufficient to form a critical mass. 6. The regulation of the land disposal of all byproduct, source, and special nuclear waste materials covered by this Agreement; Article II This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to: 1. The regulation of the construction and operation of any production or utilization facility or any uranium enrichment facility; 2. 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; 3. The regulation of the disposal into the ocean or sea of byproduct, source, or special VerDate Aug<31>2005 18:19 Jun 15, 2007 Jkt 211001 nuclear materials waste as defined in the regulations or orders of the Commission; 4. The regulation of the disposal of such other byproduct, source, or special nuclear materials waste as the Commission from time to time determines by regulation or order should, because of the hazards or potential hazards thereof, not be disposed without a license from the Commission; 5. The evaluation of radiation safety information on sealed sources or devices containing byproduct, source, or special nuclear materials and the registration of the sealed sources or devices for distribution, as provided for in regulations or orders of the Commission. Article III With the exception of those activities identified in Article II.A.1 through 4, this Agreement may be amended, upon application by the Commonwealth and approval by the Commission, to include one or more of the additional activities specified in Article II, whereby the Commonwealth 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 from licensing issued by the Commission. 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 protect the common defense and security, to protect restricted data, or to guard against the loss or diversion of special nuclear material. Article VI The Commission will cooperate with the Commonwealth and other Agreement States in the formulation of standards and regulatory programs of the State and the Commission for protection against hazards of radiation and to assure that Commission and Commonwealth programs for protection against hazards of radiation will be coordinated and compatible. The Commonwealth agrees to cooperate with the Commission and other Agreement States in the formulation of standards and regulatory programs of the Commonwealth and the Commission for 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 materials covered by this Agreement. The Commonwealth 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 Commonwealth and the Commission agree to keep each other informed of events, PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 33545 accidents, and licensee performance that may have generic implication or otherwise be of regulatory interest. Article VII The Commission and the Commonwealth 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 Commonwealth agree to develop appropriate rules, regulations, and procedures by which such reciprocity will be accorded. Article VIII 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 actions taken by the Commonwealth under this Agreement to ensure compliance with Section 274 of the Act which requires a Commonwealth program to be adequate to protect public health and safety with respect to the materials covered by this Agreement and to be compatible with the Commission’s program. Article IX This Agreement shall become effective on [date], and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII. Done at [City, State] this [date] day of [month], [year]. For the United States Nuclear Regulatory Commission. Dale E. Klein, Chairman. For the Commonwealth of Pennsylvania. Edward G. Rendell, Governor. [FR Doc. E7–11697 Filed 6–15–07; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: [To be published]. Open Meetings. 100 F Street, NE., L–002, Auditorium, Washington, DC. STATUS: PLACE: E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Notices]
[Pages 33541-33545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11697]


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NUCLEAR REGULATORY COMMISSION


Commonwealth of Pennsylvania: Draft NRC Staff Assessment of a 
Proposed Agreement Between the Nuclear Regulatory Commission and the 
Commonwealth of Pennsylvania

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of a proposed Agreement with the Commonwealth of 
Pennsylvania.

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SUMMARY: By letter dated November 9, 2006, Governor Edward G. Rendell 
of Pennsylvania requested that the U. S. Nuclear Regulatory Commission 
(NRC or Commission) enter into an Agreement with the Commonwealth as 
authorized by Section 274 of the Atomic Energy Act of 1954, as amended 
(Act).
    Under the proposed Agreement, the Commission would give up, and 
Pennsylvania would take over, portions of the Commission's regulatory 
authority exercised within the Commonwealth. As required by the Act, 
the NRC is publishing the proposed Agreement for public comment. The 
NRC is also publishing the summary of an assessment by the NRC staff of 
the Pennsylvania regulatory program. Comments are requested on the 
proposed Agreement, especially its effect on public health and safety. 
Comments are also requested on the draft NRC staff assessment, the 
adequacy of the Pennsylvania program, and the Commonwealth's program 
staff, as discussed in this notice.

[[Page 33542]]

    The proposed Agreement would release (exempt) persons who possess 
or use certain radioactive materials in Pennsylvania from portions of 
the Commission's regulatory authority. The Act requires that the NRC 
publish those exemptions. Notice is hereby given that the pertinent 
exemptions have been previously published in the Federal Register and 
are codified in the Commission's regulations as 10 CFR part 150.

DATES: The comment period expires July 18, 2007. Comments received 
after this date will be considered if it is practical to do so, but the 
Commission cannot assure consideration of comments received after the 
expiration date.

ADDRESSES: Written comments may be submitted to Mr. Michael T. Lesar, 
Chief, Rulemaking, Directives and Editing Branch, Division of 
Administrative Services, Office of Administration, Washington, DC 
20555-0001. Comments may be submitted electronically at nrerep@nrc.gov.
    The NRC maintains an Agencywide Documents Access and Management 
System (ADAMS), which provides text and image files of NRC's public 
documents. The documents may be accessed through the NRC's Public 
Electronic Reading Room on the Internet at http://www.nrc.gov/reading-
rm/adams.html. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) reference staff at (800) 397-4209, or (301) 
415-4737, or by e-mail to pdr@nrc.gov.
    Copies of comments received by NRC may be examined at the NRC 
Public Document Room, 11555 Rockville Pike, Public File Area O-1-F21, 
Rockville, Maryland. Copies of the request for an Agreement by the 
Governor of Pennsylvania including all information and documentation 
submitted in support of the request, and copies of the full text of the 
NRC Draft Staff Assessment are also available for public inspection in 
the NRC's Public Document Room--ADAMS Accession Numbers: ML070240128, 
ML063400549, ML070240055, ML063330295, ML070290041, ML070290046, 
ML070260116, ML070260179, ML070260026, ML070260119, ML070250054, 
ML063400559, ML070790604, ML070790609, ML070790612, ML070790616, 
ML070790620, and ML070890378.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew N. Mauer, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Telephone (301) 415-
3962 or e-mail to anm@nrc.gov.

SUPPLEMENTARY INFORMATION: Since Section 274 of the Atomic Energy Act 
of 1954, as amended (Act) was added in 1959, the Commission has entered 
into Agreements with 34 States. The Agreement States currently regulate 
approximately 17,600 Agreement material licenses, while the NRC 
regulates approximately 4,400 licenses. Under the proposed Agreement, 
approximately 690 NRC licenses will transfer to Pennsylvania. The NRC 
periodically reviews the performance of the Agreement States to assure 
compliance with the provisions of Section 274.
    Section 274e 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 the requirement.

I. Background

    (a) Section 274b of the Act provides the mechanism for a State to 
assume regulatory authority, from the NRC, over certain radioactive 
materials \1\ and activities that involve use of the materials.
---------------------------------------------------------------------------

    \1\ The radioactive materials, sometimes referred to as 
``Agreement materials,'' are: (a) Byproduct materials as defined in 
Section 11e.(1) of the Act; (b) byproduct materials as defined in 
Section 11e.(3) of the Act; (c) byproduct materials as defined in 
Section 11e.(4) of the Act; (d) source materials as defined in 
Section 11z. of the Act; and (e) special nuclear materials as 
defined in Section 11aa. of the Act, restricted to quantities not 
sufficient to form a critical mass.
---------------------------------------------------------------------------

    In a letter dated November 9, 2006, Governor Rendell certified that 
the Commonwealth of Pennsylvania has a program for the control of 
radiation hazards that is adequate to protect public health and safety 
within Pennsylvania for the materials and activities specified in the 
proposed Agreement, and that the Commonwealth desires to assume 
regulatory responsibility for these materials and activities. Included 
with the letter was the text of the proposed Agreement, which is shown 
in Appendix A to this notice.
    The radioactive materials and activities (which together are 
usually referred to as the ``categories of materials'') that the 
Commonwealth of Pennsylvania requests authority over are:
    (1) The possession and use of byproduct materials as defined in 
Section 11e.(1) of the Act;
    (2) The possession and use of byproduct materials as defined in 
Section 11e.(3) of the Act;
    (3) The possession and use of byproduct materials as defined in 
Section 11e.(4) of the Act;
    (4) The possession and use of source materials;
    (5) The possession and use of special nuclear materials in 
quantities not sufficient to form a critical mass; and
    (6) The regulation of the land disposal of: byproduct materials as 
defined in Section 11e.(1), 11e.(3), or 11e.(4) of the Act; source; or 
special nuclear waste materials received from other persons.
    (b) The proposed Agreement contains articles that:
     Specify the materials and activities over which authority 
is transferred;
     Specify the activities over which the Commission will 
retain regulatory authority;
     Continue the authority of the Commission to safeguard 
nuclear materials and restricted data;
     Commit the Commonwealth of Pennsylvania and NRC to 
exchange information as necessary to maintain coordinated and 
compatible programs;
     Provide for the reciprocal recognition of licenses;
     Provide for the suspension or termination of the 
Agreement; and
     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 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 
Pennsylvania.
    (c) The regulatory program is authorized by law under the Radiation 
Protection Act (35 P.S. 7110.101-7110.703). Section 7110.201 provides 
the authority for the Governor to enter into an Agreement with the 
Commission. Pennsylvania law contains provisions for the orderly 
transfer of regulatory authority over affected licensees from the NRC 
to the Commonwealth. After the effective date of the Agreement, 
licenses issued by NRC would continue in effect as Pennsylvania 
licenses until the licenses expire or are replaced by State-issued 
licenses. NRC licenses transferred to Pennsylvania which contain 
requirements for decommissioning and express an intent to terminate the 
license when decommissioning has been completed under a Commission-
approved decommissioning plan will continue as Pennsylvania licenses 
and will be terminated by Pennsylvania when the Commission-approved

[[Page 33543]]

decommissioning plan has been completed.
    Pennsylvania currently regulates the users of naturally-occurring 
and accelerator-produced radioactive materials. The Energy Policy Act 
of 2005 (EPAct) expanded the Commission's regulatory authority over 
byproduct materials as defined in Sections 11e.(3) and 11e.(4) of the 
Act, to include certain naturally-occurring and accelerator-produced 
radioactive materials. On August 31, 2005, the Commission issued a 
time-limited waiver (70 FR 51581) of the EPAct requirements. Under the 
proposed Agreement, Pennsylvania would assume regulatory authority for 
these radioactive materials. Therefore, if the proposed Agreement is 
approved, the Commission would terminate the time-limited waiver in 
Pennsylvania coincident with the effective date of the Agreement. Also, 
a notification of waiver termination would be provided in the Federal 
Register for the final Agreement.
    (d) The NRC draft staff assessment finds that the Commonwealth of 
Pennsylvania Bureau of Radiation Protection of the Pennsylvania 
Department of Environmental Protection is adequate to protect public 
health and safety, and is compatible with the NRC program for the 
regulation of Agreement materials.

II. Summary of the NRC Staff Assessment of the Pennsylvania Program for 
the Control of Agreement Materials

    The NRC staff has examined the Pennsylvania request for an 
Agreement with respect to the ability of the radiation control program 
to regulate Agreement materials. The examination was based on 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,'' (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), and the Office of Federal and State Materials 
and Environmental Management Programs (FSME) Procedure SA-700, 
``Processing an Agreement.''
    (a) Organization and Personnel. The Agreement materials program 
will be located within the existing Bureau of Radiation Protection 
(BRP) of the Pennsylvania Department of Environmental Protection 
(PADEP). The Bureau will be responsible for all regulatory activities 
related to the proposed Agreement.
    The educational requirements for the BRP staff members are 
specified in the Commonwealth of Pennsylvania personnel position 
descriptions, and meet the NRC criteria with respect to formal 
education or combined education and experience requirements. All 
current staff members hold at least bachelor's degrees in physical or 
life sciences, or have a combination of education and experience at 
least equivalent to a bachelor's degree. Several staff members hold 
advanced degrees, and all have had additional training plus working 
experience in radiation protection. Supervisory level staff each have 
at least seven years working experience in radiation protection.
    The BRP performed and the NRC staff reviewed an analysis of the 
expected workload under the proposed Agreement. Based on the NRC staff 
review of the BRP's staff analysis, the BRP has an adequate number of 
staff to regulate radioactive materials under the terms of the 
Agreement. The BRP will employ a staff with at least the equivalent of 
17.2 full-time professional/technical and administrative employees for 
the Agreement materials program.
    Pennsylvania has indicated that the BRP has an adequate number of 
trained and qualified staff in place. Pennsylvania has developed 
qualification procedures for license reviewers and inspectors which are 
similar to the NRC's procedures. The technical staff are working with 
NRC license reviewers in the NRC Region I Office and accompanying NRC 
staff on inspections of NRC licensees in Pennsylvania. Pennsylvania is 
also actively further supplementing their experience through direct 
meetings, discussions, and facility walk-downs with NRC licensees in 
Pennsylvania, and through self-study, in-house training, and formal 
training.
    In the course of the NRC staff's continued interactions with 
Pennsylvania, the NRC staff will confirm the assurances that 
Pennsylvania provided concerning having an adequate number of trained 
and qualified staff in place, based on Pennsylvania's staff needs 
analysis and qualification procedures. Specifically, the NRC staff will 
verify how BRP staff fit into the qualification process, which staff 
are qualified in certain areas, and the basis for the determinations.
    (b) Legislation and Regulations. In conjunction with the rulemaking 
authority vested in the Environmental Quality Board by Section 302 of 
the Pennsylvania Radiation Protection Act 1984-147, PADEP has the 
requisite authority to promulgate regulations for protection against 
radiation. The law provides PADEP the authority to issue licenses, 
issue orders, conduct inspections, and to enforce compliance with 
regulations, license conditions, and orders. Licensees are required to 
provide access to inspectors.
    The NRC staff verified that Pennsylvania adopted the relevant NRC 
regulations in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 
70, 71, and 150 into Pennsylvania Code Title 25, Environmental 
Protection by reference. The NRC staff also verified that Pennsylvania 
adopted the relevant NRC regulations in 10 CFR Part 61 into 
Pennsylvania Code Title 25, Environmental Protection. The NRC staff 
also approved an order to implement Increased Controls requirements for 
risk-significant radioactive materials for certain Pennsylvania 
licensees under the proposed Agreement. As a result of the renumbering 
of 10 CFR Part 71 in 2004, Pennsylvania is proceeding with necessary 
revisions to their regulations to ensure compatibility, that will be 
effective by October 1, 2007. Therefore, on the proposed effective date 
of the Agreement, Pennsylvania will have adopted an adequate and 
compatible set of radiation protection regulations which apply to 
byproduct, source, and special nuclear materials in quantities not 
sufficient to form a critical mass. The NRC staff also verified that 
Pennsylvania will not attempt to enforce regulatory matters reserved to 
the Commission.
    (c) Storage and Disposal. Pennsylvania has also adopted by 
reference the NRC requirements for the storage of radioactive material 
and for the land disposal of radioactive material as waste. The waste 
disposal requirements cover both the disposal of waste generated by the 
licensee and the disposal of waste generated by and received from other 
persons.
    (d) Transportation of Radioactive Material. Pennsylvania has 
adopted the NRC regulations in 10 CFR Part 71 by reference. 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. Pennsylvania will not attempt to 
enforce portions of the regulations related to activities, such as 
approving packaging designs, which are reserved to NRC.
    (e) Recordkeeping and Incident Reporting. Pennsylvania has adopted 
by reference the Sections of the NRC regulations which specify 
requirements

[[Page 33544]]

for licensees to keep records, and to report incidents or accidents 
involving materials.
    (f) Evaluation of License Applications. Pennsylvania has adopted by 
reference the NRC regulations that specify the requirements a person 
must meet to get a license to possess or use radioactive materials. 
Pennsylvania has also developed a licensing procedures manual, along 
with the accompanying regulatory guides, which are adapted from similar 
NRC documents and contain guidance for the program staff when 
evaluating license applications.
    (g) Inspections and Enforcement. Pennsylvania 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 
program has adopted procedures for the conduct of inspections, 
reporting of inspection findings, and reporting inspection results to 
the licensees. Pennsylvania has also adopted procedures for the 
enforcement of regulatory requirements, and is authorized by law to 
enforce the State rules using a variety of sanctions, including the 
imposition and collection of civil penalties, and the issuance of 
orders to suspend, modify or revoke licenses, or to impound materials.
    (h) Regulatory Administration. Pennsylvania is bound by 
requirements specified in Commonwealth law for rulemaking, issuing 
licenses, and taking enforcement actions. The program has also adopted 
administrative procedures to assure fair and impartial treatment of 
license applicants. Pennsylvania law prescribes standards of ethical 
conduct for Commonwealth employees.
    (i) Cooperation with Other Agencies. Pennsylvania law deems the 
holder of an NRC license on the effective date of the proposed 
Agreement to possess a like license issued by Pennsylvania. The law 
provides that these former NRC licenses will expire either 90 days 
after receipt from the radiation control program of a notice of 
expiration of such license or on the date of expiration specified in 
the NRC license, whichever is later. In the case of NRC licenses that 
are terminated under restricted conditions required by 10 CFR 20.1403 
prior to the effective date of the proposed Agreement, Pennsylvania 
deems the termination to be final despite any other provisions of 
Commonwealth law or rule. For NRC licenses that, on the effective date 
of the proposed Agreement, contain a license condition indicating 
intent to terminate the license upon completion of a Commission 
approved decommissioning plan, the transferred license will be 
terminated by Pennsylvania under the plan so long as the licensee 
conforms to the approved plan.
    Pennsylvania 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 included under the continuation provision. The Pennsylvania 
Code provides exemptions from the Commonwealth's requirements for 
licensing of sources of radiation for NRC and U.S. Department of Energy 
contractors or subcontractors. The proposed Agreement commits 
Pennsylvania 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 Pennsylvania's program will continue to be compatible with the 
Commission's program for the regulation of Agreement materials. The 
proposed Agreement stipulates the desirability of reciprocal 
recognition of licenses, and commits the Commission and Pennsylvania to 
use their best efforts to accord such reciprocity.

III. Staff Conclusion

    Section 274d of the Act 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 Commission'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 NRC staff has reviewed the proposed Agreement, the 
certification by the Commonwealth of Pennsylvania in the application 
for an Agreement submitted by Governor Rendell on November 9, 2006, and 
the supporting information provided by the staff of the Bureau of 
Radiation Protection of the Pennsylvania Department of Environmental 
Protection, and concludes that, except as discussed above in Section 
II. ``Summary of the NRC Staff Assessment of the Pennsylvania Program 
for the Control of Agreement Materials,'' (a) ``Organization and 
Personnel,'' of this document, the Commonwealth of Pennsylvania 
satisfies 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,'' and 
therefore, meets the requirements of Section 274 of the Act. The 
proposed Pennsylvania program to regulate Agreement materials, as 
comprised of statutes, regulations, and procedures, is compatible with 
the program of the Commission and is adequate to protect public health 
and safety with respect to the materials covered by the proposed 
Agreement.
    With respect to discussion above in Section II. ``Summary of the 
NRC Staff Assessment of the Pennsylvania Program for the Control of 
Agreement Materials,'' (a) ``Organization and Personnel,'' once the NRC 
staff confirms the assurances provided by Pennsylvania concerning staff 
training and qualifications, the staff will be able to conclude that 
area is satisfied.

    Dated at Rockville, Maryland, this 11th day of June, 2007.

    For the Nuclear Regulatory Commission.
Scott W. Moore,
Deputy Director Division of Materials Safety and State Agreements, 
Office of Federal and State Materials and Environmental Management 
Programs.

Appendix A-- An Agreement Between the United States Nuclear Regulatory 
Commission and the Commonwealth of Pennsylvania for the Discontinuance 
of Certain Commission Regulatory Authority and Responsibility Within 
the Commonwealth Pursuant to Section 274 of the Atomic Energy Act of 
1954, As Amended

    Whereas, The United States Nuclear Regulatory Commission (the 
Commission) is authorized under Section 274 of the Atomic Energy Act 
of 1954, as amended, 42 U.S.C. Sec.  2011 et seq. (the Act), to 
enter into agreements with the Governor of any State/Commonwealth 
providing for discontinuance of the regulatory authority of the 
Commission within the Commonwealth 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 Commonwealth of Pennsylvania is 
authorized under the Pennsylvania Radiation Protection Act, Act of 
July 10, 1984, P.L. 688, No. 147, as amended, 35 P.S. Sec.  7110.101 
et seq., to enter into this Agreement with the Commission; and,

[[Page 33545]]

    Whereas, The Governor of the Commonwealth of Pennsylvania 
certified on November 8, 2006, that the Commonwealth of Pennsylvania 
(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 by this Agreement, and 
that the Commonwealth desires to assume regulatory responsibility 
for such materials; and,
    Whereas, The Commission found on [date] 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 public 
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 the reciprocal recognition of licenses, and of the 
granting of limited exemptions from licensing of those materials 
subject to this Agreement; and,
    Whereas, This Agreement is entered into pursuant to the 
provisions of the Act;
    Now, therefore, It is hereby agreed between the Commission and 
the Governor of the Commonwealth acting on behalf of the 
Commonwealth as follows:

Article I

    Subject to the exceptions provided in Articles II, IV, and V, 
the Commission shall discontinue, as of the effective date of this 
Agreement, the regulatory authority of the Commission in the 
Commonwealth under Chapters 6, 7, and 8, and Section 161 of the Act 
with respect to the following materials:
    1. Byproduct materials as defined in Section 11e.(1) of the Act;
    2. Byproduct materials as defined in Section 11e.(3) of the Act;
    3. Byproduct materials as defined in Section 11e.(4) of the Act;
    4. Source materials;
    5. Special nuclear materials in quantities not sufficient to 
form a critical mass.
    6. The regulation of the land disposal of all byproduct, source, 
and special nuclear waste materials covered by this Agreement;

Article II

    This Agreement does not provide for discontinuance of any 
authority and the Commission shall retain authority and 
responsibility with respect to:
    1. The regulation of the construction and operation of any 
production or utilization facility or any uranium enrichment 
facility;
    2. 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;
    3. The regulation of the disposal into the ocean or sea of 
byproduct, source, or special nuclear materials waste as defined in 
the regulations or orders of the Commission;
    4. The regulation of the disposal of such other byproduct, 
source, or special nuclear materials waste as the Commission from 
time to time determines by regulation or order should, because of 
the hazards or potential hazards thereof, not be disposed without a 
license from the Commission;
    5. The evaluation of radiation safety information on sealed 
sources or devices containing byproduct, source, or special nuclear 
materials and the registration of the sealed sources or devices for 
distribution, as provided for in regulations or orders of the 
Commission.

Article III

    With the exception of those activities identified in Article 
II.A.1 through 4, this Agreement may be amended, upon application by 
the Commonwealth and approval by the Commission, to include one or 
more of the additional activities specified in Article II, whereby 
the Commonwealth 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 from licensing issued by the 
Commission.

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 protect the common defense and security, 
to protect restricted data, or to guard against the loss or 
diversion of special nuclear material.

Article VI

    The Commission will cooperate with the Commonwealth and other 
Agreement States in the formulation of standards and regulatory 
programs of the State and the Commission for protection against 
hazards of radiation and to assure that Commission and Commonwealth 
programs for protection against hazards of radiation will be 
coordinated and compatible. The Commonwealth agrees to cooperate 
with the Commission and other Agreement States in the formulation of 
standards and regulatory programs of the Commonwealth and the 
Commission for 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 materials 
covered by this Agreement.
    The Commonwealth 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 Commonwealth 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.

Article VII

    The Commission and the Commonwealth 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 Commonwealth 
agree to develop appropriate rules, regulations, and procedures by 
which such reciprocity will be accorded.

Article VIII

    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 actions taken by the Commonwealth under 
this Agreement to ensure compliance with Section 274 of the Act 
which requires a Commonwealth program to be adequate to protect 
public health and safety with respect to the materials covered by 
this Agreement and to be compatible with the Commission's program.

Article IX

    This Agreement shall become effective on [date], and shall 
remain in effect unless and until such time as it is terminated 
pursuant to Article VIII.
    Done at [City, State] this [date] day of [month], [year].

    For the United States Nuclear Regulatory Commission.

Dale E. Klein,
Chairman.

    For the Commonwealth of Pennsylvania.

Edward G. Rendell,
Governor.

 [FR Doc. E7-11697 Filed 6-15-07; 8:45 am]
BILLING CODE 7590-01-P