Commonwealth of Pennsylvania: Draft NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the Commonwealth of Pennsylvania, 37268-37272 [E7-13262]
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Federal Register / Vol. 72, No. 130 / Monday, July 9, 2007 / Notices
Week of July 30, 2007—Tentative
There are no meetings scheduled for
the Week of July 30, 2007.
NUCLEAR REGULATORY
COMMISSION
There are no meetings scheduled for
the Week of August 6, 2007.
Commonwealth of Pennsylvania: Draft
NRC Staff Assessment of a Proposed
Agreement Between the Nuclear
Regulatory Commission and the
Commonwealth of Pennsylvania
Week of August 13, 2007—Tentative
AGENCY:
Week of August 6, 2007—Tentative
There are no meetings scheduled for
the Week of August 13, 2007.
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*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings
call (recording)—(301) 415–1292.
Contact person for more information:
Michelle Schroll, (301) 415–1662.
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The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html.
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The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify the
NRC’s Disability Program Coordinator,
Rohn Brown, at 301–492–2279, TDD:
301–415–2100, or by e-mail at
REB3@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
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to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969).
In addition, distribution of this meeting
notice over the Internet system is
available. If you are interested in
receiving this Commission meeting
schedule electronically, please send an
electronic message to dkw@nrc.gov.
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Dated: July 3, 2007.
Rochelle C. Bavol,
Office of the Secretary.
[FR Doc. 07–3326 Filed 7–5–07; 10:04 am]
BILLING CODE 7590–01–P
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Nuclear Regulatory
Commission.
ACTION: Notice of a proposed Agreement
with the Commonwealth of
Pennsylvania.
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.
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 nrcrep@nrc.gov.
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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 https://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.
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.
FOR FURTHER INFORMATION CONTACT:
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.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 72, No. 130 / Monday, July 9, 2007 / Notices
I. Background
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(a) Section 274b of the Act provides
the mechanism for a State to assume
regulatory authority, from the NRC, over
certain radioactive materials1 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;
(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
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.
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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
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
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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
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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,
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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
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
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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
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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
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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 2nd day
of July, 2007.
For the Nuclear Regulatory Commission.
Janet R. Schlueter,
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, Pub. L.
688, No. 147, as amended, 35 P.S. § 7110.101
et seq., to enter into this Agreement with the
Commission; and,
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,
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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; and
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; and
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.
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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.
rwilkins on PROD1PC63 with NOTICES
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
VerDate Aug<31>2005
16:59 Jul 06, 2007
Jkt 211001
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,
lllllllllllllllllllll
Dale E. Klein, Chairman.
For The Commonwealth of Pennsylvania,
lllllllllllllllllllll
Edward G. Rendell, Governor.
[FR Doc. E7–13262 Filed 7–6–07; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Special 301 Out-of-Cycle Review of the
Russian Federation: Request for
Public Comment
Office of the United States
Trade Representative.
ACTION: Request for written submissions
from the public.
AGENCY:
SUMMARY: Section 182 of the Trade Act
of 1974 (Trade Act) (19 U.S.C. 2242),
requires the United States Trade
Representative (USTR) to identify
countries that deny adequate and
effective protection of intellectual
property rights or deny fair and
equitable market access to U.S. persons
who rely on intellectual property
protection. (Section 182 is commonly
referred to as the ‘‘Special 301’’
provisions of the Trade Act.) In
addition, the USTR is required to
determine which of these countries
should be identified as Priority Foreign
Countries. Acts, policies or practices
that are the basis of a country’s
identification as a Priority Foreign
Country are normally the subject of an
investigation under the Section 301
provisions of the Trade Act.
On April 27, 2007, USTR announced
the results of the 2007 Special 301
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
Review and stated that an Out-of-Cycle
Review of the Russian Federation
(‘‘Russia’’) would be conducted this
year. Pursuant to this Out-of-Cycle
Review of Russia, USTR requests
written submissions from the public
concerning Russia’s acts, policies, and
practices regarding the adequacy and
effectiveness of Russia’s intellectual
property protection and enforcement. In
particular, USTR requests that
comments address Russia’s
implementation of the United StatesRussia Bilateral IPR Agreement of
November 19, 2006 (available on
USTR’s Web site at https://
www.ustr.gov).
Submissions must be received on
or before 10 a.m. on Monday, August 27,
2007.
ADDRESSES: All comments should be
addressed to Jennifer Choe Groves,
Director for Intellectual Property and
Innovation and Chair of the Special 301
Committee, Office of the United States
Trade Representative, and sent (i)
electronically, to FR0606@ustr.eop.gov
(please note, ‘‘FR0606’’ consists of the
numbers ‘‘zero-six-zero-six,’’) with
‘‘Russia Out-of-Cycle Review’’ in the
subject line, or (ii) by fax, to (202) 395–
9458, with a confirmation copy sent
electronically to the email address
above.
DATES:
FOR FURTHER INFORMATION CONTACT:
Jennifer Choe Groves, Director for
Intellectual Property and Innovation
and Chair of the Special 301 Committee,
Office of the United States Trade
Representative at (202) 395–4510.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 182 of the Trade Act, USTR
must identify those countries that deny
adequate and effective protection for
intellectual property rights or deny fair
and equitable market access to U.S.
persons who rely on intellectual
property protection. Those countries
that have the most onerous or egregious
acts, policies, or practices and whose
acts, policies or practices have the
greatest adverse impact (actual or
potential) on relevant U.S. products are
to be identified as Priority Foreign
Countries. Acts, policies or practices
that are the basis of a country’s
designation as a Priority Foreign
Country are normally the subject of an
investigation under the Section 301
provisions of the Trade Act.
USTR may not identify a country as
a Priority Foreign Country if it is
entering into good faith negotiations, or
making significant progress in bilateral
or multilateral negotiations, to provide
adequate and effective protection of
intellectual property rights.
E:\FR\FM\09JYN1.SGM
09JYN1
]]>Agencies
[Federal Register Volume 72, Number 130 (Monday, July 9, 2007)]
[Notices]
[Pages 37268-37272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13262]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
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 nrcrep@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 https://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.
[[Page 37269]]
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. Sec. Sec. 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
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
[[Page 37270]]
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 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
[[Page 37271]]
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 2nd day of July, 2007.
For the Nuclear Regulatory Commission.
Janet R. Schlueter,
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, Pub. L. 688, No. 147, as amended, 35 P.S. Sec.
7110.101 et seq., to enter into this Agreement with the Commission;
and,
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; and
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; and
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.
[[Page 37272]]
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,
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Dale E. Klein, Chairman.
For The Commonwealth of Pennsylvania,
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Edward G. Rendell, Governor.
[FR Doc. E7-13262 Filed 7-6-07; 8:45 am]
BILLING CODE 7590-01-P
