State of New Jersey: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the State of New Jersey, 26739-26743 [E9-12895]
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Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices
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Dated: May 28, 2009.
Rochelle C. Bavol,
Office of the Secretary.
[FR Doc. E9–13019 Filed 6–1–09; 11:15 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0142]
State of New Jersey: NRC Staff
Assessment of a Proposed Agreement
Between the Nuclear Regulatory
Commission and the State of New
Jersey
PWALKER on PROD1PC71 with NOTICES
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of a proposed Agreement
with the State of New Jersey.
SUMMARY: By letter dated October 16,
2008, Governor Jon S. Corzine of New
Jersey requested that the U. S. Nuclear
Regulatory Commission (NRC or
Commission) enter into an Agreement
with the State of New Jersey (State or
New Jersey) 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
State would assume, portions of the
Commission’s regulatory authority
exercised within the State. 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 State’s regulatory
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program. Comments are requested on
the proposed Agreement, especially its
effect on public health and safety.
Comments are also requested on the
NRC staff assessment, the adequacy of
the State’s program, and the State’s
program staff, as discussed in this
notice.
The proposed Agreement would
exempt persons who possess or use
certain radioactive materials in the State
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 ends June
26, 2009. 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 comment period ends.
Written comments may be
submitted to Mr. Michael T. Lesar,
Chief, Rulemaking and Directives
Branch, MS TWB–05–B01M, Division of
Administrative Services, Office of
Administration, Washington, DC 20555–
0001. Members of the public are invited
and encouraged to submit comments
electronically to https://
www.regulations.gov. Search on Docket
ID: [NRC–2009–0142] 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 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.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 New
Jersey 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:
ML090510713, ML090510708,
ML090510709, ML090510710,
ADDRESSES:
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26739
ML090510711, ML090510712,
ML090770116, and ML091400097.
FOR FURTHER INFORMATION CONTACT:
Torre Taylor, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001. Telephone (301) 415–
7900 or e-mail to torre.taylor@nrc.gov.
SUPPLEMENTARY INFORMATION: Since
Section 274 of the Act was added in
1959, the Commission has entered into
Agreements with 36 States. The
Agreement States currently regulate
approximately 19,000 Agreement
material licenses, while the NRC
regulates approximately 3,400 licenses.
Under the proposed Agreement,
approximately 500 NRC licenses will
transfer to the State. 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 that
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 and
activities that involve use of the
materials. 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.(2) of the Act; (c) byproduct
materials as defined in Section 11e.(3)
of the Act; (d) byproduct materials as
defined in Section 11e.(4) of the Act; (e)
source materials; and (f) special nuclear
materials, restricted to quantities not
sufficient to form a critical mass.
In a letter dated October 16, 2008,
Governor Corzine certified that the State
of New Jersey has a program for the
control of radiation hazards that is
adequate to protect public health and
safety within New Jersey for the
materials and activities specified in the
proposed Agreement, and that the State
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 State requests
authority over are:
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(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, source, or special nuclear
waste materials received from other
persons.
(b) The proposed Agreement contains
articles that:
(i) Specify the materials and activities
over which authority is transferred;
(ii) Specify the activities over which
the Commission will retain regulatory
authority;
(iii) Continue the authority of the
Commission to safeguard nuclear
materials and restricted data;
(iv) Commit the State and NRC to
exchange information as necessary to
maintain coordinated and compatible
programs;
(v) Provide for the reciprocal
recognition of licenses;
(vi) Provide for the suspension or
termination of the Agreement; and
(vii) Specify the effective date of the
proposed Agreement.
The Commission reserves the option
to modify the terms of the proposed
Agreement in response to comments, to
correct errors, and to make editorial
changes. The final text of the
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 New Jersey.
(c) The regulatory program is
authorized by law under the New Jersey
Statute N.J.S.A. 26:2D–1, the Radiation
Protection Act, which provides the
Governor with the authority to enter
into an Agreement with the
Commission. New Jersey law contains
provisions for the orderly transfer of
regulatory authority over affected
licensees from the NRC to the State.
After the effective date of the
Agreement, licenses issued by NRC
would continue in effect as State
licenses until the licenses expire or are
replaced by State-issued licenses.
The State currently regulates the users
of naturally-occurring and acceleratorproduced radioactive materials (NARM).
The Energy Policy Act of 2005 (EPAct)
expanded the Commission’s regulatory
authority over byproduct materials as
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defined in Sections 11e.(3) and 11e.(4)
of the Act, to include certain naturallyoccurring and accelerator-produced
radioactive materials. On August 31,
2005, the Commission issued a timelimited waiver (70 FR 51581) of the
EPAct requirements, which is effective
through August 7, 2009. A plan to
facilitate an orderly transition of
regulatory authority with respect to
byproduct material as defined in
Sections 11e.(3) and 11e.(4) was noticed
in the Federal Register on October 19,
2007 (72 FR 59158). Under the proposed
Agreement, the State would assume
regulatory authority for these
radioactive materials. The State has
proposed an effective date for the
Agreement of no later than September
30, 2009. If the proposed Agreement is
approved before August 7, 2009, the
Commission would terminate the timelimited waiver in the State coincident
with the effective date of the Agreement.
However, if the Agreement is not
approved prior to this date, NRC would
have jurisdictional authority over all
uses of byproduct material within the
State. These licensees would have to
meet NRC regulatory requirements and
would have 6 months to apply for any
necessary amendments to an NRC
license they already possess, or 12
months to apply for a new NRC license,
if needed.
With the effective date of the New
Jersey Agreement having the potential to
occur after the expiration of the timelimited waiver, staff is working to
ensure an efficient transition of NARM
licensees in New Jersey within the legal
requirements. The staff’s objective is to
minimize the impact to NARM licensees
in New Jersey during the transition to
NRC and then back to New Jersey’s
regulatory authority, within a short time
frame (i.e., about 7 weeks).
(d) The NRC draft staff assessment
finds that the New Jersey Department of
Environmental Protection (NJDEP),
Bureau of Environmental Radiation
(BER), 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 State’s Program for
the Control of Agreement Materials
The NRC staff has examined the
State’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,’’
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(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’’ (available at
https://nrc-stp.ornl.gov/procedures/
sa700.pdf and https://nrc-stp.ornl.gov/
procedures/sa700_hb.pdf).
(a) Organization and Personnel. The
Agreement materials program will be
located within the existing BER of the
NJDEP. The BER will be responsible for
all regulatory activities related to the
proposed Agreement.
The educational requirements for the
BER staff members are specified in the
State’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 a
bachelor of science degree in physical or
life sciences, with many staff holding a
master of science degree in radiation
science. All have had training and work
experience in radiation protection.
Supervisory level staff has at least 5
years of working experience in radiation
protection, with most having greater
than 10 years of experience.
The State performed an analysis of the
expected workload under the proposed
Agreement. Based on the NRC staff
review of the State’s staff analysis, the
State has an adequate number of staff to
regulate radioactive materials under the
terms of the Agreement. The State will
employ a staff with the equivalent of
13.25 full-time professional/technical
and administrative employees for the
Agreement materials program.
The State has indicated that the BER
has an adequate number of trained and
qualified staff in place. The State has
developed qualification procedures for
license reviewers and inspectors which
are similar to the NRC’s procedures. The
technical staff is accompanying NRC
staff on inspections of NRC licensees in
New Jersey. BER staff is also actively
supplementing their experience through
direct meetings, discussions, and
facility visits with NRC licensees in the
State, and through self-study, in-house
training, and formal training.
Overall, the NRC staff concluded that
the BER technical staff identified by the
State 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.
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(b) Legislation and Regulations. In
conjunction with the rulemaking
authority vested in the New Jersey
Commission on Radiation Protection
(N.J.S.A. 26:2D–7), the BER has the
requisite authority to promulgate
regulations for protection against
radiation. The law provides BER 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 State
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
New Jersey Administrative Code, Title
7, Chapter 28. The NRC staff also
approved two license conditions to
implement Increased Controls and
Fingerprinting and Criminal History
Records Check requirements for risksignificant radioactive materials for
certain State 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 State. Therefore, on the proposed
effective date of the Agreement, the
State 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 State will not attempt to enforce
regulatory matters reserved to the
Commission.
(c) Storage and Disposal. The State
has adopted NRC compatible
requirements for the handling and
storage of radioactive material. The
State is requesting authority to regulate
the land disposal of byproduct, source,
and special nuclear waste materials
received from other persons. The State
waste disposal requirements cover the
preparation, classification, and
manifesting of radioactive waste
generated by State licensees for transfer
for disposal to an authorized waste
disposal site or broker. The State has
adopted the regulations for a land
disposal site but does not expect to need
to implement them in the near future
since the State is a member of the
Atlantic Compact and has access to the
waste disposal site, EnergySolutions
Barnwell Operations, located in
Barnwell, South Carolina.
(d) Transportation of Radioactive
Material. The State 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
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transport. Part 71 also contains
requirements related to the licensing of
packaging for use in transporting
radioactive materials. The State 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 State 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 Agreement
materials.
(f) Evaluation of License Applications.
The State 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 State has also
developed a licensing procedure
manual, along with 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
State 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 BER has adopted procedures
for the conduct of inspections, reporting
of inspection findings, and reporting
inspection results to the licensees. The
State has also adopted procedures for
the enforcement of regulatory
requirements.
(h) Regulatory Administration. The
State is bound by requirements
specified in State law for rulemaking,
issuing licenses, and taking enforcement
actions. The State has also adopted
administrative procedures to assure fair
and impartial treatment of license
applicants. State law prescribes
standards of ethical conduct for State
employees.
(i) Cooperation with Other Agencies.
State laws provide for the recognition of
existing NRC and Agreement State
licenses. New Jersey has a process in
place for the transition of active NRC
licenses. Upon completion of the
Agreement, all active NRC licenses
issued to facilities in New Jersey will be
recognized as NJDEP licenses. New
Jersey will issue a brief licensing
document that will include licensee
specific information, as well as an
expiration date, with a license condition
that authorizes receipt, acquisition,
possession, and transfer of byproduct,
source, and/or special nuclear material;
the authorized use(s); purposes; and the
places of use as designated on the NRC
license. The license condition will also
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26741
commit the licensee to conduct its
program in accordance with the NRC
license and commitments. The NJDEP
rules will govern unless the statements,
representations and procedures in the
licensee’s application and
correspondence are more restrictive
than the NJDEP rules. NJDEP will then
issue full NJDEP licenses, over
approximately 13 months.
The State 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. New Jersey regulations, in
N.J.A.C. 28:51.1, provide exemptions
from the State’s requirements for
licensing of sources of radiation for NRC
and U.S. Department of Energy
contractors or subcontractors. The
proposed Agreement commits the State
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 State’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 State 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 Subsection 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 State of New Jersey in the
application for an Agreement submitted
by Governor Corzine on October 16,
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2008, and the supporting information
provided by NJDEP, BER, and concludes
that the State of New Jersey 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 meets the
requirements of Section 274 of the Act.
Therefore, the proposed State of New
Jersey program to regulate Agreement
materials, as comprised of statutes,
regulations, procedures, and staffing 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 27th day
of May, 2009.
For the Nuclear Regulatory Commission.
Terrence Reis,
Deputy Director, National Materials Program
Directorate, Division of Materials Safety and
State Agreements, Office of Federal and State
Materials and Environmental Management
Programs.
PWALKER on PROD1PC71 with NOTICES
Appendix A—An Agreement Between
the United States Nuclear Regulatory
Commission and the State of New
Jersey for the Discontinuance of Certain
Commission Regulatory Authority and
Responsibility Within the State
Pursuant to Section 274 of the Atomic
Energy Act of 1954, as Amended
Whereas, The United States Nuclear
Regulatory Commission (the
Commission) is authorized under
Section 274 of the Atomic Energy Act of
1954, as amended, 42 U.S.C. 2011 et
seq. (hereinafter referred to as 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 State/Commonwealth under
Chapters 6, 7, and 8, and Section 161 of
the Act with respect to byproduct
materials as defined in Sections 11e.(1),
(2), (3), and (4) of the Act, source
materials, and special nuclear materials
in quantities not sufficient to form a
critical mass; and,
Whereas, The Governor of the State of
New Jersey is authorized under The
Radiation Protection Act, N.J.S.A.
26:2D–1, to enter into this Agreement
with the Commission; and,
Whereas, the Governor of the State of
New Jersey certified on October 16,
2008, that the State of New Jersey (the
State) has a program for the control of
radiation hazards adequate to protect
public health and safety with respect to
the materials within the State covered
by this Agreement and that the State
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desires to assume regulatory
responsibility for such materials; and,
Whereas, The Commission found on
[date] that the program of the State 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 State and the
Commission recognize the desirability
and importance of cooperation between
the Commission and the State in the
formulation of standards for protection
against hazards of radiation and in
assuring that State and Commission
programs for protection against hazards
of radiation will be coordinated and
compatible; and,
Whereas, The Commission and the
State 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 State acting on behalf of
the State 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 State
under Chapters 6, 7, and 8, and Section
161 of the Act with respect to the
following materials:
1. Byproduct materials as defined in
Section 11e.(1) of the Act;
2. Byproduct materials as defined in
Section 11e.(3) of the Act;
3. Byproduct materials as defined in
Section 11e.(4) of the Act;
4. Source materials;
5. Special nuclear materials in
quantities not sufficient to form a
critical mass;
6. The regulation of the land disposal
of byproduct, source, or special nuclear
waste materials received from other
persons.
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
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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.
Article III
With the exception of those activities
identified in Article II, paragraphs 1
through 4, this Agreement may be
amended, upon application by the State
and approval by the Commission, to
include one or more of the additional
activities specified in Article II,
whereby the State may then exert
regulatory authority and responsibility
with respect to those activities.
Article IV
Notwithstanding this Agreement, the
Commission may from time to time by
rule, regulation, or order, require that
the manufacturer, processor, or
producer of any equipment, device,
commodity, or other product containing
source, byproduct, or special nuclear
material shall not transfer possession or
control of such product except pursuant
to a license or an exemption 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 State and other Agreement States in
the formulation of standards and
regulatory programs of the State and the
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Commission for protection against
hazards of radiation and to assure that
Commission and State programs for
protection against hazards of radiation
will be coordinated and compatible.
The State agrees to cooperate with the
Commission and other Agreement States
in the formulation of standards and
regulatory programs of the State and the
Commission for protection against
hazards of radiation and to assure that
the State’s program will continue to be
compatible with the program of the
Commission for the regulation of
materials covered by this Agreement.
The State and the Commission agree
to keep each other informed of proposed
changes in their respective rules and
regulations, and to provide each other
the opportunity for early and
substantive contribution to the proposed
changes.
The State and the Commission agree
to keep each other informed of events,
accidents, and licensee performance
that may have generic implication or
otherwise be of regulatory interest.
PWALKER on PROD1PC71 with NOTICES
Article VII
The Commission and the State agree
that it is desirable to provide reciprocal
recognition of licenses for the materials
listed in Article I licensed by the other
party or by any other Agreement State.
Accordingly, the Commission and the
State agree to develop appropriate rules,
regulations, and procedures by which
such reciprocity will be accorded.
Article VIII
The Commission, upon its own
initiative after reasonable notice and
opportunity for hearing to the State, or
upon request of the Governor of the
State, 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 State 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 State has
failed to take necessary steps. The
Commission shall periodically review
actions taken by the State under this
Agreement to ensure compliance with
Section 274 of the Act which requires a
State program to be adequate to protect
public health and safety with respect to
the materials covered by this Agreement
VerDate Nov<24>2008
16:08 Jun 02, 2009
Jkt 217001
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 Rockville, Maryland this [date] day
of [month], [year].
For the United States Nuclear Regulatory
Commission.
Gregory B. Jaczko,
Chairman.
Done at Trenton, New Jersey this [date] day
of [month], [year].
For the State of New Jersey.
Jon S. Corzine,
Governor.
[FR Doc. E9–12895 Filed 6–2–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0222]
Scoping Summary Report for the
Update of the Generic Environmental
Impact Statement for License Renewal
of Nuclear Plants (NUREG–1437)
On June 3, 2003 (68 FR 33209), the
U.S. Nuclear Regulatory Commission
(NRC) issued, for public comment, a
Notice of Intent to prepare an Update of
the Generic Environmental Impact
Statement for License Renewal of
Nuclear Plants (GEIS), NUREG–1437. In
accordance with 10 CFR 51.26, the NRC
conducted scoping meetings and
collected comments from the public for
the Update to the License Renewal
GEIS, NUREG–1437. Subsequently, the
Commission reopened scoping with a
notice published in the Federal Register
on October 3, 2005 (70 FR 57628) to
encompass any additional comments
since the original issuance of the Notice
of Intent.
The NRC conducted a public scoping
meeting in each of the four NRC regions
for the License Renewal GEIS update.
The public scoping meetings were held
in Atlanta, Georgia; Chicago, Illinois;
Anaheim, California; and Boston,
Massachusetts. The NRC issued public
scoping meeting summaries on August
12 and 13, 2003. The official transcripts
from the public scoping meetings,
written comments, and meeting
summaries are available electronically
for public inspection in the NRC Public
Document Room (PDR) or from the
NRC’s Agencywide Documents Access
and Management System (ADAMS)
under package Accession Numbers
ML032170942, ML032260339,
ML032260715, and ML032170934. The
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
26743
scoping period for this update to the
GEIS closed on September 17, 2003, but
was subsequently reopened from
October 3, 2005, to December 30, 2005.
The NRC staff and its contractor
reviewed the public scoping meeting
transcripts and all written materials
received during the public scoping
periods and identified individual
comments. All comments and
suggestions received orally during the
scoping meetings, or in writing, were
considered.
The NRC staff prepared a Scoping
Summary Report for the Update of the
GEIS. This report summarizes
comments received during the two
public scoping periods and during four
public scoping meetings. The
environmental review process for
license renewal of nuclear facilities
continues under the current regulatory
framework throughout the course of this
effort.
In accordance with Title 10 of the
Code of Federal Regulations Section
51.29(b), a copy of the Scoping
Summary Report has been made
publicly available at the PDR, located at
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852, or
from ADAMS. The ADAMS Public
Electronic Reading Room is accessible at
https://adamswebsearch.nrc.gov/
dologin.htm. The Accession Number for
the Scoping Summary Report is
ML082960910. Persons who do not have
access to ADAMS, or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC’s PDR reference staff by telephone
at 1–800–397–4209 or 301–415–4737, or
by e-mail at pdr.resource@nrc.gov.
For further information contact:
Jennifer Davis, telephone 1–800–368–
5462, extension 3835, or by e-mail at
LRGEISUpdate@nrc.gov, Office of the
Nuclear Reactor Regulation, Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Dated at Rockville, Maryland, this 26th day
of May 2009.
For the Nuclear Regulatory Commission.
David Wrona,
Chief, Projects Branch 2, Division of License
Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. E9–12894 Filed 6–2–09; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\03JNN1.SGM
03JNN1
Agencies
[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Pages 26739-26743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12895]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0142]
State of New Jersey: NRC Staff Assessment of a Proposed Agreement
Between the Nuclear Regulatory Commission and the State of New Jersey
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of a proposed Agreement with the State of New Jersey.
-----------------------------------------------------------------------
SUMMARY: By letter dated October 16, 2008, Governor Jon S. Corzine of
New Jersey requested that the U. S. Nuclear Regulatory Commission (NRC
or Commission) enter into an Agreement with the State of New Jersey
(State or New Jersey) 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 State would assume, portions of the Commission's regulatory
authority exercised within the State. 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
State's regulatory program. Comments are requested on the proposed
Agreement, especially its effect on public health and safety. Comments
are also requested on the NRC staff assessment, the adequacy of the
State's program, and the State's program staff, as discussed in this
notice.
The proposed Agreement would exempt persons who possess or use
certain radioactive materials in the State 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 ends June 26, 2009. 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
comment period ends.
ADDRESSES: Written comments may be submitted to Mr. Michael T. Lesar,
Chief, Rulemaking and Directives Branch, MS TWB-05-B01M, Division of
Administrative Services, Office of Administration, Washington, DC
20555-0001. Members of the public are invited and encouraged to submit
comments electronically to https://www.regulations.gov. Search on Docket
ID: [NRC-2009-0142] 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 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.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 New Jersey 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: ML090510713,
ML090510708, ML090510709, ML090510710, ML090510711, ML090510712,
ML090770116, and ML091400097.
FOR FURTHER INFORMATION CONTACT: Torre Taylor, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Telephone (301) 415-
7900 or e-mail to torre.taylor@nrc.gov.
SUPPLEMENTARY INFORMATION: Since Section 274 of the Act was added in
1959, the Commission has entered into Agreements with 36 States. The
Agreement States currently regulate approximately 19,000 Agreement
material licenses, while the NRC regulates approximately 3,400
licenses. Under the proposed Agreement, approximately 500 NRC licenses
will transfer to the State. 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 that 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 and activities that involve use of the materials. 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.(2) of
the Act; (c) byproduct materials as defined in Section 11e.(3) of the
Act; (d) byproduct materials as defined in Section 11e.(4) of the Act;
(e) source materials; and (f) special nuclear materials, restricted to
quantities not sufficient to form a critical mass.
In a letter dated October 16, 2008, Governor Corzine certified that
the State of New Jersey has a program for the control of radiation
hazards that is adequate to protect public health and safety within New
Jersey for the materials and activities specified in the proposed
Agreement, and that the State 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 State
requests authority over are:
[[Page 26740]]
(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, source, or
special nuclear waste materials received from other persons.
(b) The proposed Agreement contains articles that:
(i) Specify the materials and activities over which authority is
transferred;
(ii) Specify the activities over which the Commission will retain
regulatory authority;
(iii) Continue the authority of the Commission to safeguard nuclear
materials and restricted data;
(iv) Commit the State and NRC to exchange information as necessary
to maintain coordinated and compatible programs;
(v) Provide for the reciprocal recognition of licenses;
(vi) Provide for the suspension or termination of the Agreement;
and
(vii) Specify the effective date of the proposed Agreement.
The Commission reserves the option to modify the terms of the
proposed Agreement in response to comments, to correct errors, and to
make editorial changes. The final text of the 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 New
Jersey.
(c) The regulatory program is authorized by law under the New
Jersey Statute N.J.S.A. 26:2D-1, the Radiation Protection Act, which
provides the Governor with the authority to enter into an Agreement
with the Commission. New Jersey law contains provisions for the orderly
transfer of regulatory authority over affected licensees from the NRC
to the State. After the effective date of the Agreement, licenses
issued by NRC would continue in effect as State licenses until the
licenses expire or are replaced by State-issued licenses.
The State currently regulates the users of naturally-occurring and
accelerator-produced radioactive materials (NARM). 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, which is
effective through August 7, 2009. A plan to facilitate an orderly
transition of regulatory authority with respect to byproduct material
as defined in Sections 11e.(3) and 11e.(4) was noticed in the Federal
Register on October 19, 2007 (72 FR 59158). Under the proposed
Agreement, the State would assume regulatory authority for these
radioactive materials. The State has proposed an effective date for the
Agreement of no later than September 30, 2009. If the proposed
Agreement is approved before August 7, 2009, the Commission would
terminate the time-limited waiver in the State coincident with the
effective date of the Agreement. However, if the Agreement is not
approved prior to this date, NRC would have jurisdictional authority
over all uses of byproduct material within the State. These licensees
would have to meet NRC regulatory requirements and would have 6 months
to apply for any necessary amendments to an NRC license they already
possess, or 12 months to apply for a new NRC license, if needed.
With the effective date of the New Jersey Agreement having the
potential to occur after the expiration of the time-limited waiver,
staff is working to ensure an efficient transition of NARM licensees in
New Jersey within the legal requirements. The staff's objective is to
minimize the impact to NARM licensees in New Jersey during the
transition to NRC and then back to New Jersey's regulatory authority,
within a short time frame (i.e., about 7 weeks).
(d) The NRC draft staff assessment finds that the New Jersey
Department of Environmental Protection (NJDEP), Bureau of Environmental
Radiation (BER), 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 State's Program for the
Control of Agreement Materials
The NRC staff has examined the State'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'' (available at https://nrc-stp.ornl.gov/procedures/sa700.pdf and https://nrc-stp.ornl.gov/procedures/sa700_hb.pdf).
(a) Organization and Personnel. The Agreement materials program
will be located within the existing BER of the NJDEP. The BER will be
responsible for all regulatory activities related to the proposed
Agreement.
The educational requirements for the BER staff members are
specified in the State'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 a bachelor of
science degree in physical or life sciences, with many staff holding a
master of science degree in radiation science. All have had training
and work experience in radiation protection. Supervisory level staff
has at least 5 years of working experience in radiation protection,
with most having greater than 10 years of experience.
The State performed an analysis of the expected workload under the
proposed Agreement. Based on the NRC staff review of the State's staff
analysis, the State has an adequate number of staff to regulate
radioactive materials under the terms of the Agreement. The State will
employ a staff with the equivalent of 13.25 full-time professional/
technical and administrative employees for the Agreement materials
program.
The State has indicated that the BER has an adequate number of
trained and qualified staff in place. The State has developed
qualification procedures for license reviewers and inspectors which are
similar to the NRC's procedures. The technical staff is accompanying
NRC staff on inspections of NRC licensees in New Jersey. BER staff is
also actively supplementing their experience through direct meetings,
discussions, and facility visits with NRC licensees in the State, and
through self-study, in-house training, and formal training.
Overall, the NRC staff concluded that the BER technical staff
identified by the State 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.
[[Page 26741]]
(b) Legislation and Regulations. In conjunction with the rulemaking
authority vested in the New Jersey Commission on Radiation Protection
(N.J.S.A. 26:2D-7), the BER has the requisite authority to promulgate
regulations for protection against radiation. The law provides BER 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 State 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 New Jersey Administrative Code, Title 7,
Chapter 28. 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 State 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 State. Therefore,
on the proposed effective date of the Agreement, the State 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 State will not attempt to enforce
regulatory matters reserved to the Commission.
(c) Storage and Disposal. The State has adopted NRC compatible
requirements for the handling and storage of radioactive material. The
State is requesting authority to regulate the land disposal of
byproduct, source, and special nuclear waste materials received from
other persons. The State waste disposal requirements cover the
preparation, classification, and manifesting of radioactive waste
generated by State licensees for transfer for disposal to an authorized
waste disposal site or broker. The State has adopted the regulations
for a land disposal site but does not expect to need to implement them
in the near future since the State is a member of the Atlantic Compact
and has access to the waste disposal site, EnergySolutions Barnwell
Operations, located in Barnwell, South Carolina.
(d) Transportation of Radioactive Material. The State 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. The State 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 State 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 Agreement materials.
(f) Evaluation of License Applications. The State 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 State has also developed a licensing
procedure manual, along with 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 State 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 BER has
adopted procedures for the conduct of inspections, reporting of
inspection findings, and reporting inspection results to the licensees.
The State has also adopted procedures for the enforcement of regulatory
requirements.
(h) Regulatory Administration. The State is bound by requirements
specified in State law for rulemaking, issuing licenses, and taking
enforcement actions. The State has also adopted administrative
procedures to assure fair and impartial treatment of license
applicants. State law prescribes standards of ethical conduct for State
employees.
(i) Cooperation with Other Agencies. State laws provide for the
recognition of existing NRC and Agreement State licenses. New Jersey
has a process in place for the transition of active NRC licenses. Upon
completion of the Agreement, all active NRC licenses issued to
facilities in New Jersey will be recognized as NJDEP licenses. New
Jersey will issue a brief licensing document that will include licensee
specific information, as well as an expiration date, with a license
condition that authorizes receipt, acquisition, possession, and
transfer of byproduct, source, and/or special nuclear material; the
authorized use(s); purposes; and the places of use as designated on the
NRC license. The license condition will also commit the licensee to
conduct its program in accordance with the NRC license and commitments.
The NJDEP rules will govern unless the statements, representations and
procedures in the licensee's application and correspondence are more
restrictive than the NJDEP rules. NJDEP will then issue full NJDEP
licenses, over approximately 13 months.
The State 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. New Jersey
regulations, in N.J.A.C. 28:51.1, provide exemptions from the State's
requirements for licensing of sources of radiation for NRC and U.S.
Department of Energy contractors or subcontractors. The proposed
Agreement commits the State 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 State'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 State 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 Subsection 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 State of New Jersey in the application for an
Agreement submitted by Governor Corzine on October 16,
[[Page 26742]]
2008, and the supporting information provided by NJDEP, BER, and
concludes that the State of New Jersey 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 meets the requirements of Section 274
of the Act.
Therefore, the proposed State of New Jersey program to regulate
Agreement materials, as comprised of statutes, regulations, procedures,
and staffing 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 27th day of May, 2009.
For the Nuclear Regulatory Commission.
Terrence Reis,
Deputy Director, National Materials Program Directorate, 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 State of New Jersey for the Discontinuance of
Certain Commission Regulatory Authority and Responsibility Within the
State Pursuant to Section 274 of the Atomic Energy Act of 1954, as
Amended
Whereas, The United States Nuclear Regulatory Commission (the
Commission) is authorized under Section 274 of the Atomic Energy Act of
1954, as amended, 42 U.S.C. 2011 et seq. (hereinafter referred to as
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 State/Commonwealth under Chapters 6, 7,
and 8, and Section 161 of the Act with respect to byproduct materials
as defined in Sections 11e.(1), (2), (3), and (4) of the Act, source
materials, and special nuclear materials in quantities not sufficient
to form a critical mass; and,
Whereas, The Governor of the State of New Jersey is authorized
under The Radiation Protection Act, N.J.S.A. 26:2D-1, to enter into
this Agreement with the Commission; and,
Whereas, the Governor of the State of New Jersey certified on
October 16, 2008, that the State of New Jersey (the State) has a
program for the control of radiation hazards adequate to protect public
health and safety with respect to the materials within the State
covered by this Agreement and that the State desires to assume
regulatory responsibility for such materials; and,
Whereas, The Commission found on [date] that the program of the
State 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 State and the Commission recognize the desirability
and importance of cooperation between the Commission and the State in
the formulation of standards for protection against hazards of
radiation and in assuring that State and Commission programs for
protection against hazards of radiation will be coordinated and
compatible; and,
Whereas, The Commission and the State 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 State acting on behalf of the State 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 State
under Chapters 6, 7, and 8, and Section 161 of the Act with respect to
the following materials:
1. Byproduct materials as defined in Section 11e.(1) of the Act;
2. Byproduct materials as defined in Section 11e.(3) of the Act;
3. Byproduct materials as defined in Section 11e.(4) of the Act;
4. Source materials;
5. Special nuclear materials in quantities not sufficient to form a
critical mass;
6. The regulation of the land disposal of byproduct, source, or
special nuclear waste materials received from other persons.
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.
Article III
With the exception of those activities identified in Article II,
paragraphs 1 through 4, this Agreement may be amended, upon application
by the State and approval by the Commission, to include one or more of
the additional activities specified in Article II, whereby the State
may then exert regulatory authority and responsibility with respect to
those activities.
Article IV
Notwithstanding this Agreement, the Commission may from time to
time by rule, regulation, or order, require that the manufacturer,
processor, or producer of any equipment, device, commodity, or other
product containing source, byproduct, or special nuclear material shall
not transfer possession or control of such product except pursuant to a
license or an exemption 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 State and other Agreement
States in the formulation of standards and regulatory programs of the
State and the
[[Page 26743]]
Commission for protection against hazards of radiation and to assure
that Commission and State programs for protection against hazards of
radiation will be coordinated and compatible.
The State agrees to cooperate with the Commission and other
Agreement States in the formulation of standards and regulatory
programs of the State and the Commission for protection against hazards
of radiation and to assure that the State's program will continue to be
compatible with the program of the Commission for the regulation of
materials covered by this Agreement.
The State and the Commission agree to keep each other informed of
proposed changes in their respective rules and regulations, and to
provide each other the opportunity for early and substantive
contribution to the proposed changes.
The State and the Commission agree to keep each other informed of
events, accidents, and licensee performance that may have generic
implication or otherwise be of regulatory interest.
Article VII
The Commission and the State agree that it is desirable to provide
reciprocal recognition of licenses for the materials listed in Article
I licensed by the other party or by any other Agreement State.
Accordingly, the Commission and the State agree to develop
appropriate rules, regulations, and procedures by which such
reciprocity will be accorded.
Article VIII
The Commission, upon its own initiative after reasonable notice and
opportunity for hearing to the State, or upon request of the Governor
of the State, 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 State 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 State has failed to
take necessary steps. The Commission shall periodically review actions
taken by the State under this Agreement to ensure compliance with
Section 274 of the Act which requires a State program to be adequate to
protect 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 Rockville, Maryland this [date] day of [month], [year].
For the United States Nuclear Regulatory Commission.
Gregory B. Jaczko,
Chairman.
Done at Trenton, New Jersey this [date] day of [month], [year].
For the State of New Jersey.
Jon S. Corzine,
Governor.
[FR Doc. E9-12895 Filed 6-2-09; 8:45 am]
BILLING CODE 7590-01-P