Commonwealth of Virginia: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the Commonwealth of Virginia, 75470-75474 [E8-29074]

Download as PDF 75470 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meetings of Humanities Panel mstockstill on PROD1PC66 with NOTICES AGENCY: The National Endowment for the Humanities. ACTION: Notice of meetings. SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92–463, as amended), notice is hereby given that the following meetings of Humanities Panels will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Michael P. McDonald, Advisory Committee Management Officer, National Endowment for the Humanities, Washington, DC 20506; telephone (202) 606–8322. Hearingimpaired individuals are advised that information on this matter may be obtained by contacting the Endowment’s TDD terminal on (202) 606–8282. SUPPLEMENTARY INFORMATION: The proposed meetings are for the purpose of panel review, discussion, evaluation and recommendation on applications for financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including discussion of information given in confidence to the agency by the grant applicants. Because the proposed meetings will consider information that is likely to disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential and/or information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, pursuant to authority granted me by the Chairman’s Delegation of Authority to Close Advisory Committee meetings, dated July 19, 1993, I have determined that these meetings will be closed to the public pursuant to subsections (c)(4), and (6) of section 552b of Title 5, United States Code. 1. Date: January 8, 2009. Time: 9 a.m. to 5 p.m. Room: 402. Program: This meeting will review applications for NEH/DFG Symposia and Workshops Program, submitted to the Office of Digital Humanities, at the November 4, 2008 deadline. 2. Date: January 13, 2009. Time: 8:30 a.m. to 5 p.m. Room: 113, The John W. Kluge Center at the Library of Congress, 101 Independence Avenue, SE., Washington, DC 20540–4860. VerDate Aug<31>2005 17:27 Dec 10, 2008 Jkt 217001 Program: This meeting will review applications for Kluge Fellowships, submitted to the Division of Research Programs, at the July 15, 2008 deadline. 3. Date: January 15, 2009. Time: 8:30 a.m. to 5 p.m. Room: 113, The John W. Kluge Center at the Library of Congress, 101 Independence Avenue, SE., Washington, DC 20540–4860. Program: This meeting will review applications for Kluge Fellowships, submitted to the Division of Research Programs, at the July 15, 2008 deadline. Michael P. McDonald, Advisory Committee Management Officer. [FR Doc. E8–29258 Filed 12–10–08; 8:45 am] BILLING CODE 7536–01–P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice AGENCY HOLDING THE MEETINGS: Nuclear Regulatory Commission. DATES: Week of December 15, 2008. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and closed. ADDITIONAL ITEMS TO BE CONSIDERED: Week of December 15, 2008 Monday, December 15, 2008 1 p.m. Briefing on Protection of the NRC Information Technology Infrastructure and Related Topics (Public Meeting followed by a Closed portion—Ex. 2). The open portion of this meeting will be Web cast live at the Web address— http: //www.nrc.gov. *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. Additional Information This meeting was previously announced as an entirely closed meeting entitled ‘‘Discussion of Management Issues (Closed—Ex. 2).’’ The meeting has been rescheduled as a public meeting followed by a closed session. The start time remains the same at 1 p.m. on Monday, December 15, 2008. The NRC Commission Meeting Schedule can be found on the Internet at: http: //www.nrc.gov/about-nrc/ policy-making/schedule.html. The NRC provides reasonable accommodation to individuals with PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 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. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like 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. Dated: December 5, 2008. R. Michelle Schroll, Office of the Secretary. [FR Doc. E8–29446 Filed 12–9–08; 11:15 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2008–0607] Commonwealth of Virginia: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the Commonwealth of Virginia AGENCY: Nuclear Regulatory Commission. ACTION: Notice of a proposed Agreement with the Commonwealth of Virginia. SUMMARY: By letter dated June 12, 2008, Governor Timothy M. Kaine of Virginia requested that the U.S. Nuclear Regulatory Commission (NRC or Commission) enter into an Agreement with the Commonwealth of Virginia (Commonwealth or Virginia) as authorized by section 274 of the Atomic Energy Act of 1954, as amended (Act). Under the proposed Agreement, the Commission would relinquish, and the Commonwealth would assume, 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 Commonwealth’s regulatory program. Comments are requested on the E:\FR\FM\11DEN1.SGM 11DEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices proposed Agreement, especially its effect on public health and safety. Comments are also requested on the NRC staff assessment, the adequacy of the Commonwealth’s 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 the Commonwealth 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 December 22, 2008. 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. Members of the public are invited and encouraged to submit comments electronically to http:// www.regulations.gov. Search on Docket ID: [NRC–2008–0607] and follow the instructions for submitting comments. 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.resource@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 Virginia 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 RoomADAMS Accession Numbers: ML081720184, ML081760524, ML081760523, ML081760623, VerDate Aug<31>2005 17:27 Dec 10, 2008 Jkt 217001 ML081760624, ML082470314, and ML083180102. FOR FURTHER INFORMATION CONTACT: Ms. Monica L. Orendi, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Telephone (301) 415– 3938 or e-mail to monica.orendi@nrc.gov. SUPPLEMENTARY INFORMATION: Since Section 274 of the Act was added in 1959, the Commission has entered into Agreements with 35 States. The Agreement States currently regulate approximately 18,000 Agreement material licenses, while the NRC regulates approximately 4,000 licenses. Under the proposed Agreement, approximately 400 NRC licenses will transfer to the Commonwealth. 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 June 12, 2008, Governor Kaine certified that the Commonwealth of Virginia has a program for the control of radiation hazards that is adequate to protect public health and safety within Virginia 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 requests authority over are: 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 00088 Fmt 4703 Sfmt 4703 75471 (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; and (5) The possession and use of special nuclear materials in quantities not sufficient to form a critical mass. The materials and activities the Commonwealth is not requesting authority over are: (1) The regulation of extraction or concentration of source material from source material ore and the management and disposal of the resulting byproduct material; (2) The regulation of land disposal of byproduct material or special nuclear material waste received from other persons; and (3) 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. (b) The proposed Agreement contains articles that: (1) Specify the materials and activities over which authority is transferred; (2) Specify the activities over which the Commission will retain regulatory authority; (3) Continue the authority of the Commission to safeguard nuclear materials and restricted data; (4) Commit the Commonwealth and NRC to exchange information as necessary to maintain coordinated and compatible programs; (5) Provide for the reciprocal recognition of licenses; (6) Provide for the suspension or termination of the Agreement; and (7) 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 Virginia. (c) The regulatory program is authorized by law under the Code of Virginia (32.1–227—32.1–238). Section 32.1–235 provides the Governor with the authority to enter into an Agreement with the Commission. Virginia law contains provisions for the orderly E:\FR\FM\11DEN1.SGM 11DEN1 75472 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices mstockstill on PROD1PC66 with NOTICES 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 Commonwealth licenses until the licenses expire or are replaced by Commonwealth issued licenses. NRC licenses transferred to the Commonwealth which contain requirements for decommissioning and express intent to terminate the license when decommissioning has been completed under a Commission approved decommissioning plan will continue as Commonwealth licenses and will be terminated by the Commonwealth when the Commission approved decommissioning plan has been completed. The Commonwealth currently regulates the users of naturallyoccurring 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, the Commonwealth would assume regulatory authority for these radioactive materials. Therefore, if the proposed Agreement is approved, the Commission would terminate the timelimited waiver in the Commonwealth 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’s Division of Radiological Health, an organizational unit of the Virginia Department of Health (VDH), 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 Commonwealth’s Program for the Control of Agreement Materials The NRC staff has examined the Commonwealth’s 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 VerDate Aug<31>2005 17:27 Dec 10, 2008 Jkt 217001 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 Division of Radiological Health (DRH) of the VDH. The DRH will be responsible for all regulatory activities related to the proposed Agreement. The educational requirements for the DRH staff members are specified in the Commonwealth’s 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. All have had additional training and work experience in radiation protection. Supervisory level staff has at least seven years working experience in radiation protection. The DRH performed and the NRC staff reviewed an analysis of the expected workload under the proposed Agreement. Based on the NRC staff review of the DRH’s staff analysis, the DRH has an adequate number of staff to regulate radioactive materials under the terms of the Agreement. The DRH will employ a staff with at least the equivalent of 6.0 full-time professional/ technical and administrative employees for the Agreement materials program. The Commonwealth has indicated that the DRH has an adequate number of trained and qualified staff in place. The Commonwealth 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 Virginia. DRH staff is also actively supplementing their experience through direct meetings, discussions, and facility walk-downs with NRC licensees in the Commonwealth, and through selfstudy, in-house training, and formal training. Overall, the NRC staff believes that the DRH technical staff identified by the Commonwealth to participate in the Agreement materials program has sufficient knowledge and experience in radiation protection, the use of radioactive materials, the standards for PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 the evaluation of applications for licensing, and the techniques of inspecting licensed users of agreement materials. (b) Legislation and Regulations. In conjunction with the rulemaking authority vested in the Virginia Board of Health by Section 32.1–229 of the Code of Virginia, the DRH has the requisite authority to promulgate regulations for protection against radiation. The law provides DRH the authority to issue licenses and 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 the Commonwealth adopted the relevant NRC regulations in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 61, 70, 71, and 150 into Virginia Administrative Code Title 12, Section 5–481. The NRC staff also approved two license conditions to implement Increased Controls and Fingerprinting and Criminal History Records Check requirements for risk-significant radioactive materials for certain Commonwealth licensees under the proposed Agreement. These license conditions will replace the Orders that NRC issued (EA–05–090 and EA–07– 305) to these licensees that will transfer to the Commonwealth. As a result of the restructuring of Virginia Regulations, the Commonwealth deleted financial assurance requirements equivalent to 10 CFR 40.36. The Commonwealth is proceeding with the necessary revisions to their regulations to ensure compatibility, and these revisions will be effective by January 1, 2009. Therefore, on the proposed effective date of the Agreement, the Commonwealth will have adopted an adequate and compatible set of radiation protection regulations that apply to byproduct, source, and special nuclear materials in quantities not sufficient to form a critical mass. The NRC staff also verified that the Commonwealth will not attempt to enforce regulatory matters reserved to the Commission. (c) Storage and Disposal. The Commonwealth has adopted NRC compatible requirements for the handling and storage of radioactive material. The Commonwealth will not seek authority to regulate the land disposal of radioactive material as waste. The Commonwealth waste disposal requirements cover the preparation, classification, and manifesting of radioactive waste generated by Commonwealth licensees for transfer for disposal to an authorized waste disposal site or broker. E:\FR\FM\11DEN1.SGM 11DEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices (d) Transportation of Radioactive Material. Virginia has adopted compatible regulations to the NRC regulations in 10 CFR Part 71. Part 71 contains the requirements licensees must follow when preparing packages containing radioactive material for transport. Part 71 also contains requirements related to the licensing of packaging for use in transporting radioactive materials. Virginia 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. The Commonwealth has adopted compatible regulations to 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. The Commonwealth has adopted compatible regulations to the NRC regulations that specify the requirements a person must meet to get a license to possess or use radioactive materials. The Commonwealth 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. The Commonwealth 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. The Commonwealth has also adopted procedures for the enforcement of regulatory requirements. (h) Regulatory Administration. The Commonwealth 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. Commonwealth law prescribes standards of ethical conduct for Commonwealth employees. (i) Cooperation with Other Agencies. Commonwealth law deems the holder of an NRC license on the effective date of the proposed Agreement to possess a like license issued by the Commonwealth. 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 VerDate Aug<31>2005 17:27 Dec 10, 2008 Jkt 217001 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, the Commonwealth 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 the Commonwealth under the plan so long as the licensee conforms to the approved plan. The Commonwealth 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 Code of Virginia 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 the Commonwealth to use its best efforts to cooperate with the NRC and the other Agreement States in the formulation of standards and regulatory programs for the protection against hazards of radiation, and to assure that the Commonwealth’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 the Commonwealth 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 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 75473 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 Virginia in the application for an Agreement submitted by Governor Kaine on June 12, 2008, and the supporting information provided by the staff of the DRH of the Virginia Department of Health, and concludes that the Commonwealth of Virginia 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 Commonwealth of Virginia 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. Dated at Rockville, Maryland, this 1st day of December 2008. For the Nuclear Regulatory Commission. Robert J. Lewis, 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 Virginia 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 Virginia is authorized under the Code of Virginia section 32.1–235, to enter into this Agreement with the Commission; and, Whereas, the Governor of the Commonwealth of Virginia certified on June 12, 2008, that the Commonwealth of Virginia E:\FR\FM\11DEN1.SGM 11DEN1 75474 Federal Register / Vol. 73, No. 239 / Thursday, December 11, 2008 / Notices (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: mstockstill on PROD1PC66 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; and 5. Special nuclear materials in quantities not sufficient to form a critical mass. Article II This Agreement does not provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to: 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 VerDate Aug<31>2005 17:27 Dec 10, 2008 Jkt 217001 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; 6. The regulation of byproduct material as defined in section 11e.(2) of the Act; 7. The regulation of the land disposal of byproduct, source, or special nuclear material waste received from other persons. Article III With the exception of those activities identified in Article II.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 Commonwealth 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 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 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 [Richmond, Virginia] this [date] day of [month], [year]. For the United States Nuclear Regulatory Commission. lllllllllllllllllllll Dale E. Klein, Chairman. For the Commonwealth of Virginia. lllllllllllllllllllll Timothy M. Kaine, Governor. [FR Doc. E8–29074 Filed 12–10–08; 8:45 am] BILLING CODE 7590–01–P OVERSEAS PRIVATE INVESTMENT CORPORATION December 8, 2008 Public Hearing OPIC’s Sunshine Act notice of its Public Hearing in Conjunction with each Board meeting was published in the Federal Register (Volume 73, Number 234, Page 73973) on December 4, 2008. No requests were received to provide testimony or submit written E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75470-75474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29074]


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NUCLEAR REGULATORY COMMISSION

[NRC-2008-0607]


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

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: By letter dated June 12, 2008, Governor Timothy M. Kaine of 
Virginia requested that the U.S. Nuclear Regulatory Commission (NRC or 
Commission) enter into an Agreement with the Commonwealth of Virginia 
(Commonwealth or Virginia) as authorized by section 274 of the Atomic 
Energy Act of 1954, as amended (Act).
    Under the proposed Agreement, the Commission would relinquish, and 
the Commonwealth would assume, 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 Commonwealth's regulatory program. Comments are requested on the

[[Page 75471]]

proposed Agreement, especially its effect on public health and safety. 
Comments are also requested on the NRC staff assessment, the adequacy 
of the Commonwealth's 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 the Commonwealth 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 December 22, 2008. 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. Members of the public are invited and encouraged to submit 
comments electronically to http://www.regulations.gov. Search on Docket 
ID: [NRC-2008-0607] and follow the instructions for submitting 
comments.
    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.resource@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 Virginia 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: ML081720184, 
ML081760524, ML081760523, ML081760623, ML081760624, ML082470314, and 
ML083180102.

FOR FURTHER INFORMATION CONTACT: Ms. Monica L. Orendi, Office of 
Federal and State Materials and Environmental Management Programs, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone 
(301) 415-3938 or e-mail to monica.orendi@nrc.gov.

SUPPLEMENTARY INFORMATION: Since Section 274 of the Act was added in 
1959, the Commission has entered into Agreements with 35 States. The 
Agreement States currently regulate approximately 18,000 Agreement 
material licenses, while the NRC regulates approximately 4,000 
licenses. Under the proposed Agreement, approximately 400 NRC licenses 
will transfer to the Commonwealth. 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 June 12, 2008, Governor Kaine certified that the 
Commonwealth of Virginia has a program for the control of radiation 
hazards that is adequate to protect public health and safety within 
Virginia 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 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; and
    (5) The possession and use of special nuclear materials in 
quantities not sufficient to form a critical mass.
    The materials and activities the Commonwealth is not requesting 
authority over are:
    (1) The regulation of extraction or concentration of source 
material from source material ore and the management and disposal of 
the resulting byproduct material;
    (2) The regulation of land disposal of byproduct material or 
special nuclear material waste received from other persons; and
    (3) 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.
    (b) The proposed Agreement contains articles that:
    (1) Specify the materials and activities over which authority is 
transferred;
    (2) Specify the activities over which the Commission will retain 
regulatory authority;
    (3) Continue the authority of the Commission to safeguard nuclear 
materials and restricted data;
    (4) Commit the Commonwealth and NRC to exchange information as 
necessary to maintain coordinated and compatible programs;
    (5) Provide for the reciprocal recognition of licenses;
    (6) Provide for the suspension or termination of the Agreement; and
    (7) 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 
Virginia.
    (c) The regulatory program is authorized by law under the Code of 
Virginia (32.1-227--32.1-238). Section 32.1-235 provides the Governor 
with the authority to enter into an Agreement with the Commission. 
Virginia law contains provisions for the orderly

[[Page 75472]]

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 Commonwealth 
licenses until the licenses expire or are replaced by Commonwealth 
issued licenses. NRC licenses transferred to the Commonwealth which 
contain requirements for decommissioning and express intent to 
terminate the license when decommissioning has been completed under a 
Commission approved decommissioning plan will continue as Commonwealth 
licenses and will be terminated by the Commonwealth when the Commission 
approved decommissioning plan has been completed.
    The Commonwealth 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, the Commonwealth would 
assume regulatory authority for these radioactive materials. Therefore, 
if the proposed Agreement is approved, the Commission would terminate 
the time-limited waiver in the Commonwealth 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's 
Division of Radiological Health, an organizational unit of the Virginia 
Department of Health (VDH), 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 Commonwealth's Program 
for the Control of Agreement Materials

    The NRC staff has examined the Commonwealth's 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 Division of Radiological Health 
(DRH) of the VDH. The DRH will be responsible for all regulatory 
activities related to the proposed Agreement.
    The educational requirements for the DRH staff members are 
specified in the Commonwealth's 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. All have had additional training and work experience 
in radiation protection. Supervisory level staff has at least seven 
years working experience in radiation protection.
    The DRH performed and the NRC staff reviewed an analysis of the 
expected workload under the proposed Agreement. Based on the NRC staff 
review of the DRH's staff analysis, the DRH has an adequate number of 
staff to regulate radioactive materials under the terms of the 
Agreement. The DRH will employ a staff with at least the equivalent of 
6.0 full-time professional/technical and administrative employees for 
the Agreement materials program.
    The Commonwealth has indicated that the DRH has an adequate number 
of trained and qualified staff in place. The Commonwealth 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 Virginia. DRH staff is also 
actively supplementing their experience through direct meetings, 
discussions, and facility walk-downs with NRC licensees in the 
Commonwealth, and through self-study, in-house training, and formal 
training.
    Overall, the NRC staff believes that the DRH technical staff 
identified by the Commonwealth to participate in the Agreement 
materials program has sufficient knowledge and experience in radiation 
protection, the use of radioactive materials, the standards for the 
evaluation of applications for licensing, and the techniques of 
inspecting licensed users of agreement materials.
    (b) Legislation and Regulations. In conjunction with the rulemaking 
authority vested in the Virginia Board of Health by Section 32.1-229 of 
the Code of Virginia, the DRH has the requisite authority to promulgate 
regulations for protection against radiation. The law provides DRH the 
authority to issue licenses and 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 the Commonwealth adopted the relevant 
NRC regulations in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 
40, 61, 70, 71, and 150 into Virginia Administrative Code Title 12, 
Section 5-481. The NRC staff also approved two license conditions to 
implement Increased Controls and Fingerprinting and Criminal History 
Records Check requirements for risk-significant radioactive materials 
for certain Commonwealth licensees under the proposed Agreement. These 
license conditions will replace the Orders that NRC issued (EA-05-090 
and EA-07-305) to these licensees that will transfer to the 
Commonwealth. As a result of the restructuring of Virginia Regulations, 
the Commonwealth deleted financial assurance requirements equivalent to 
10 CFR 40.36. The Commonwealth is proceeding with the necessary 
revisions to their regulations to ensure compatibility, and these 
revisions will be effective by January 1, 2009. Therefore, on the 
proposed effective date of the Agreement, the Commonwealth will have 
adopted an adequate and compatible set of radiation protection 
regulations that apply to byproduct, source, and special nuclear 
materials in quantities not sufficient to form a critical mass. The NRC 
staff also verified that the Commonwealth will not attempt to enforce 
regulatory matters reserved to the Commission.
    (c) Storage and Disposal. The Commonwealth has adopted NRC 
compatible requirements for the handling and storage of radioactive 
material. The Commonwealth will not seek authority to regulate the land 
disposal of radioactive material as waste. The Commonwealth waste 
disposal requirements cover the preparation, classification, and 
manifesting of radioactive waste generated by Commonwealth licensees 
for transfer for disposal to an authorized waste disposal site or 
broker.

[[Page 75473]]

    (d) Transportation of Radioactive Material. Virginia has adopted 
compatible regulations to the NRC regulations in 10 CFR Part 71. Part 
71 contains the requirements licensees must follow when preparing 
packages containing radioactive material for transport. Part 71 also 
contains requirements related to the licensing of packaging for use in 
transporting radioactive materials. Virginia 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. The Commonwealth has 
adopted compatible regulations to 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. The Commonwealth has 
adopted compatible regulations to the NRC regulations that specify the 
requirements a person must meet to get a license to possess or use 
radioactive materials. The Commonwealth 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. The Commonwealth 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. The Commonwealth has also adopted procedures for the 
enforcement of regulatory requirements.
    (h) Regulatory Administration. The Commonwealth 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. Commonwealth law prescribes standards of ethical 
conduct for Commonwealth employees.
    (i) Cooperation with Other Agencies. Commonwealth law deems the 
holder of an NRC license on the effective date of the proposed 
Agreement to possess a like license issued by the Commonwealth. 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, the Commonwealth 
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 the Commonwealth under the plan so long as the licensee 
conforms to the approved plan.
    The Commonwealth 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 Code of 
Virginia 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 the 
Commonwealth to use its best efforts to cooperate with the NRC and the 
other Agreement States in the formulation of standards and regulatory 
programs for the protection against hazards of radiation, and to assure 
that the Commonwealth'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 the 
Commonwealth 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 Virginia in the application for an 
Agreement submitted by Governor Kaine on June 12, 2008, and the 
supporting information provided by the staff of the DRH of the Virginia 
Department of Health, and concludes that the Commonwealth of Virginia 
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 Commonwealth of Virginia 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.

    Dated at Rockville, Maryland, this 1st day of December 2008.

    For the Nuclear Regulatory Commission.
Robert J. Lewis,
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 Virginia 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 Virginia is 
authorized under the Code of Virginia section 32.1-235, to enter 
into this Agreement with the Commission; and,
    Whereas, the Governor of the Commonwealth of Virginia certified 
on June 12, 2008, that the Commonwealth of Virginia

[[Page 75474]]

(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; and
    5. Special nuclear materials in quantities not sufficient to 
form a critical mass.

Article II

    This Agreement does not provide for discontinuance of any 
authority and the Commission shall retain authority and 
responsibility with respect to:
    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;
    6. The regulation of byproduct material as defined in section 
11e.(2) of the Act;
    7. The regulation of the land disposal of byproduct, source, or 
special nuclear material waste received from other persons.

Article III

    With the exception of those activities identified in Article 
II.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 Commonwealth 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 [Richmond, Virginia] 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 Virginia.
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Timothy M. Kaine, Governor.
 [FR Doc. E8-29074 Filed 12-10-08; 8:45 am]
BILLING CODE 7590-01-P