State of New Jersey: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the State of New Jersey, 27572-27576 [E9-13580]
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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices
NUREG–1773, ‘‘Environmental
Impact Statement for the Proposed
Idaho Spent Fuel Facility at the Idaho
National Engineering and
Environmental Laboratory in Butte
County, Idaho’’ (January 2004),
considered the potential environmental
impacts of licensing (including
construction, operation, and
decommissioning) this facility. The
proposed exemption, substituting the
DOELAP accreditation process for the
NVLAP accreditation process, would
not change the potential environmental
effects assessed in the Final
Environmental Impact Statement (FEIS)
described in NUREG–1773. Use of the
DOELAP accreditation process by DOE
at the ISF facility is an action that is
administrative and procedural in nature.
The NRC concludes that there are no
environmental impacts associated with
the approval of the proposed action.
Furthermore, in accordance with 10
CFR 20.2301, the NRC staff concludes
that the use of the DOELAP
accreditation process at the ISF facility
would not result in any undue hazard
to life or property.
Alternative to the Proposed Action:
Since there are no significant
environmental impacts associated with
the proposed action, any alternatives
with equal or greater environmental
impacts are not evaluated. The
alternative to the proposed action would
be to deny approval of the 10 CFR
20.1501(c) exemption and, therefore, not
allow use of the DOELAP. This
alternative would have no significant
environmental impact as well.
Agencies and Persons Consulted: The
staff discussed this exemption request
with Ms. Susan Burke, Idaho National
Laboratory (INL) Coordinator for the
State of Idaho, INL Oversight Program,
on May 19, 2009. The State official had
no comments regarding the
environmental impact of the proposed
action. NRC staff has determined that
the proposed action will not affect listed
species or critical habitat. Therefore, no
consultation is required under Section 7
of the Endangered Species Act.
Likewise, NRC staff has determined that
the proposed action is not the type of
activity that has potential to cause
effects on historic properties. Therefore,
no consultation is required under
Section 106 of the National Historic
Preservation Act.
Conclusion: The staff has reviewed
the exemption request submitted by
DOE. Allowing the use of DOELAP as an
alternative to NVLAP would have no
significant impact on the environment.
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Finding of No Significant Impact
The environmental impacts of the
proposed action have been reviewed in
accordance with the requirements set
forth in 10 CFR Part 51. Based upon the
foregoing EA, the NRC finds that the
proposed action of granting an
exemption from 10 CFR 20.1501(c) so
that DOE may use the DOELAP, rather
than the NVLAP, as required by existing
regulations, will not significantly
impact the quality of the human
environment. The NRC has determined
not to prepare an environmental impact
statement for the proposed exemption.
Accordingly, it has been determined
that a Finding of No Significant Impact
is appropriate.
For further details with respect to the
application, see the application dated
May 30, 2008, and the request for the
exemption dated June 9, 2008, available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records are
accessible electronically from the
Agencywide Documents Access and
Management Systems (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
The ADAMS Accession numbers for the
application and exemption request are
ML081630246 and ML081750395,
respectively. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, or 301–415–4737 or
by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 2nd day
of June 2009.
For the Nuclear Regulatory Commission.
Shana Helton,
Senior Project Manager, Licensing Branch,
Division of Spent Fuel Storage and Transport,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E9–13577 Filed 6–9–09; 8:45 am]
[Docket Nos. 52–012–COL and 52–013–
COL; ASLBP No. 09–885–08–COL–BD01]
Atomic Safety and Licensing Board
Panel; In the Matter of South Texas
Project Nuclear Operating Company
(South Texas Project Units 3 and 4);
Notice and Order (Regarding Oral
Argument)
June 04, 2009.
Before the Licensing Board: Michael
M. Gibson, Chairman; Gary S. Arnold;
Randall J. Charbeneau.
Oral argument will be heard on
standing and contention admissibility
issues presented with regard to a
hearing request received in this
proceeding, which involves the
application of South Texas Project
Nuclear Operating Company for a
combined operating license of its
planned construction and operation of
two Advanced Boiling Water Reactors it
has designated as Units 3 and 4.
The participants are advised of the
following information regarding the
schedule for the initial prehearing
conference in this proceeding:
Date: Tuesday, June 23—Wednesday,
June 24, 2009.
Starting Time: 9 a.m. Central Time
(CT).
Location: Bay City Civic Center, Main
Hall Room 100, 201 7th St., Bay City,
TX 77414.
Currently, the Board anticipates that
this conference should last no more
than two days. The Board will issue a
separate order in the near future
providing more information on issues it
wishes the participants to address
during the conference as well as details
on a site visit.
It is so ordered.
Rockville, Maryland. June 04, 2009.
For the Atomic Safety and Licensing
Board.
Michael M. Gibson,
Chairman.
[FR Doc. E9–13574 Filed 6–9–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
BILLING CODE 7590–01–P
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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.
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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
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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
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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:
(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.
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(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
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
timeframe (i.e., about 7 weeks).
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(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
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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.
(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
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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
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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
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27575
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,
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
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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 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.
erowe on PROD1PC63 with NOTICES
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 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 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;
VerDate Nov<24>2008
15:18 Jun 09, 2009
Jkt 217001
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 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 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.
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
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. E9–13580 Filed 6–9–09; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\10JNN1.SGM
10JNN1
]]>Agencies
[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27572-27576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13580]
-----------------------------------------------------------------------
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.
[[Page 27573]]
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:
(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.
[[Page 27574]]
(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 timeframe (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.
(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
[[Page 27575]]
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, 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
[[Page 27576]]
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 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. E9-13580 Filed 6-9-09; 8:45 am]
BILLING CODE 7590-01-P
