[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Notices]
[Pages 12187-12192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6057]
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NUCLEAR REGULATORY COMMISSION
State of Ohio: NRC Staff Assessment of a Proposed Agreement
Between the Nuclear Regulatory Commission and the State of Ohio
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of a proposed Agreement with the State of Ohio.
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SUMMARY: By letter dated June 22, 1998, former Governor George V.
Voinovich of Ohio requested that the U. S. Nuclear Regulatory
Commission (NRC) enter into an Agreement with the State as authorized
by Section 274 of the Atomic Energy Act of 1954, as amended (Act).
Under the proposed Agreement, the Commission would give up, and Ohio
would take over, portions of the Commission's regulatory authority
exercised within the State. As required by the Act, NRC is publishing
the proposed Agreement for public comment. NRC is also publishing the
summary of an assessment by the NRC staff of the Ohio 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 Ohio program staff, and
the State's commitments concerning the program staff, as discussed in
this notice.
The proposed Agreement would release (exempt) persons who possess
or use certain radioactive materials in Ohio from portions of the
Commission's regulatory authority. The Act requires that NRC publish
those exemptions. Notice is hereby given that the pertinent exemptions
have been previously published in the Federal Register and are codified
in the Commission's regulations as 10 CFR Part 150.
DATES: The comment period expires April 12, 1999. Comments received
after this date will be considered if it is practical to do so, but the
Commission cannot assure consideration of comments received after the
expiration date.
ADDRESSES: Written comments may be submitted to Mr. David L. Meyer,
Chief, Rules and Directives Branch, Division of Administrative
Services, Office of Administration, Washington, DC 20555-0001. Copies
of comments received by NRC may be examined at the NRC Public Document
Room, 2120 L Street, NW. (Lower Level), Washington, DC. Copies of the
proposed Agreement, copies of the request for an Agreement by the
Governor of Ohio including all information and documentation submitted
in support of the request, and copies of the full text of the NRC staff
assessment are also available for public inspection in the NRC's Public
Document Room.
FOR FURTHER INFORMATION CONTACT: Richard L. Blanton, Office of State
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Telephone (301) 415-2322 or e-mail rlb@nrc.gov.
SUPPLEMENTARY INFORMATION: Since Section 274 of the Act was added in
1959, the Commission has entered into Agreements with 30 States. The
Agreement States currently regulate approximately 16,000 agreement
material licenses, while NRC regulates approximately 5800 licenses.
Under the proposed Agreement, approximately 550 NRC licenses will
transfer to Ohio. NRC periodically reviews the
[[Page 12188]]
performance of the Agreement States to assure compliance with the
provisions of Section 274.
Section 274e requires that the terms of the proposed Agreement be
published in the Federal Register for public comment once each week for
four consecutive weeks. This notice is being published in fulfillment
of the requirement.
I. Background
(a) Section 274d of the Act provides the mechanism for a State to
assume regulatory authority, from the NRC, over certain radioactive
materials 1 and activities that involve use of the
materials. In a letter dated June 22, 1998, Governor Voinovich
certified that the State of Ohio has a program for the control of
radiation hazards that is adequate to protect public health and safety
within Ohio 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.
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\1\ The radioactive materials, sometimes referred to as
``agreement materials,'' are: (a) byproduct materials as defined in
Section 11e.(1) of the Act; (b) byproduct materials as defined in
Section 11e.(2) of the Act; (c) source materials as defined in
Section 11z. of the Act; and (d) special nuclear materials as
defined in Section 11aa. of the Act, restricted to quantities not
sufficient to form a critical mass.
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The radioactive materials and activities (which together are
usually referred to as the ``categories of materials'') which the State
of Ohio requests authority over are: (1) the possession and use of
byproduct materials as defined in Section 11e.(1) of the Act; (2) the
generation, possession, use, and disposal of byproduct materials as
defined in Section 11e.(2) of the Act; (3) the possession and use of
source materials; (4) the possession and use of special nuclear
materials in quantities not sufficient to form a critical mass; (5) the
regulation of the land disposal of byproduct materials as defined in
Section 11e.(1) of the Act, source, or special nuclear waste materials
received from other persons; and (6) the evaluation of radiation safety
information on sealed sources or devices containing byproduct materials
as defined in Section 11e.(1) of the Act, 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.
(b) The proposed Agreement contains articles that:
--Specify the materials and activities over which authority is
transferred;
--Specify the activities over which the Commission will retain
regulatory authority;
--Continue the authority of the Commission to safeguard nuclear
materials and restricted data;
--Commit the State of Ohio and NRC to exchange information as necessary
to maintain coordinated and compatible programs;
--Provide for the reciprocal recognition of licenses;
--Provide for the suspension or termination of the Agreement;
--Provide for the transfer of any financial surety funds collected by
Ohio for reclamation or long-term surveillance of sites for the
disposal of byproduct materials (as defined in Section 11e.(2) of the
Act) to the United States if custody of the material and the disposal
site are transferred; and
--Specify the effective date of the proposed Agreement. The Commission
reserves the option to modify the terms of the proposed Agreement in
response to comments, to correct errors, and to make editorial changes.
The final text of the Agreement, with the effective date, will be
published after the Agreement is approved by the Commission, and signed
by the Chairman of the Commission and the Governor of Ohio.
(c) Ohio currently regulates the users of naturally-occurring and
accelerator-produced radioactive materials. The regulatory program is
authorized by law in Section 3748 of the Ohio Revised Code. Subsection
3748.03 provides the authority for the Governor to enter into an
Agreement with the Commission.
Ohio law contains provisions for the orderly transfer of regulatory
authority over affected licensees from NRC to the State. After the
effective date of the Agreement, licenses issued by NRC would continue
in effect as Ohio licenses until the licenses expire or are replaced by
State issued licenses. NRC licenses transferred to Ohio which contain
requirements for decommissioning and express an intent to terminate the
license when decommissioning has been completed in accordance with a
Commission approved decommissioning plan will continue as Ohio licenses
and will be terminated by Ohio when the Commission approved
decommissioning plan has been completed.
(d) As described below, the proposed Agreement will be signed only
after the fulfillment of commitments by Ohio to hire, train, and
qualify a sufficient number of professional/technical staff. Contingent
on the fulfilment of these commitments, the NRC staff assessment finds
that the Ohio program 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 Ohio Program for the
Control of Agreement Materials
NRC staff has examined the Ohio 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'' (referred to herein as the ``NRC criteria'')
(46 FR 7540; January 23, 1981, as amended).
(a) Organization and Personnel. The agreement materials program
will be located within the existing Bureau of Radiation Protection
(Bureau) of the Ohio Department of Health. The program will be
responsible for all regulatory activities related to the proposed
Agreement.
The educational requirements for the Bureau staff members are
specified in the Ohio State personnel position descriptions, and meet
the NRC criteria with respect to formal education or combined education
and experience requirements. All current staff members hold at least
bachelor's degrees in physical or life sciences, or have a combination
of education and experience at least equivalent to a bachelor's degree.
Several staff members hold advanced degrees, and all staff members have
had additional training plus working experience in radiation
protection. Supervisory level staff have more than ten years working
experience each in radiation protection.
The Bureau currently has staff vacancies, which it is actively
recruiting to fill. In response to NRC comments, the Bureau performed,
and NRC staff reviewed, an analysis of the expected Bureau workload
under the proposed Agreement. Based on the analysis, Ohio has made
three commitments. First, the Bureau will employ a staff of at least 21
full-time professional/technical employees for the agreement materials
program. Second, the distribution of the qualifications of the
individual staff members will be balanced to the distribution of
categories of licensees transferred from NRC. For example, there will
be enough inspectors trained
[[Page 12189]]
and qualified to inspect industrial radiography operations that the
program will be able to inspect all of the industrial radiography
licensees transferred from NRC without developing a backlog of overdue
inspections. Third, each individual on the staff will be qualified in
accordance with the Bureau's training and qualification procedure
(including use of interim qualification) to function in the areas of
responsibility to which the individual is assigned. In the case of
individuals assigned to review radiation safety information on sealed
sources or devices containing byproduct materials as defined in Section
11e.(1) of the Act, source, or special nuclear materials, this
commitment includes assuring that the individuals will be able to:
--Understand and interpret, if necessary, appropriate prototype tests
that ensure the integrity of the products under normal, and likely
accidental, conditions of use,
--Understand and interpret test results,
--Read and understand blueprints and drawings,
--Understand how the device works and how safety features operate,
--Understand and apply appropriate regulations,
--Understand the conditions of use,
--Understand external dose rates, source activities, and nuclide
chemical form, and
--Understand and utilize basic knowledge of engineering materials and
their properties.
(b) Legislation and Regulations. The Ohio Department of Health is
designated by law in Chapter 3748 of the Ohio Revised Code to be the
radiation control agency. The law provides the Department the authority
to issue licenses, issue orders, conduct inspections, and to enforce
compliance with regulations, license conditions, and orders. Licensees
are required to provide access to inspectors. The Public Health Council
is authorized to promulgate regulations.
The law requires the Public Health Council to adopt rules that are
compatible with the equivalent NRC regulations and that are equally
stringent to, or to the extent practicable more stringent than, the
equivalent NRC regulations. The Council has adopted, by reference, the
NRC regulations in Title 10 of the Code of Federal Regulations that
were in effect on October 19, 1998. The adoption by reference is
contained in Chapter 3701-39-021 of the Ohio Administrative Code (OAC).
The Board of Health has extended the effect of the rules, where
appropriate, to apply to naturally occurring radioactive materials and
to radioactive materials produced in particle accelerators, in addition
to agreement materials.
Ohio rule 3701-39-021 (A) specifies that references to the NRC
shall be construed as references to the Director of the Department of
Health. It is noted, however, that Ohio has adopted most of the NRC
regulations as entire Parts, including sections that address regulatory
matters reserved to the Commission. Ohio has adopted a provision in
Rule 3701-39-021 (A) excepting such sections from being construed as
enforced by the Director of the Department of Health. The OAC also
contains a provision to avoid interference with licensees when they are
complying with regulatory requirements which the Act specifies NRC must
enforce and when they are complying with NRC regulatory requirements
from which the State licensees have not been exempted by the proposed
Agreement. The NRC staff concludes that Ohio will not attempt to
enforce the regulatory matters reserved to the Commission. In
accordance with NRC Management Directive 5.9, ``Adequacy and
Compatibility of Agreement State Programs,'' this approach is
considered compatible.
The NRC staff review verified that the Ohio rules contain all of
the provisions that are necessary in order to be compatible with the
regulations of the NRC on the effective date of the Agreement between
the State and the Commission. The adoption of the NRC regulations by
reference assures that the standards will be uniform.
The Ohio regulations are different from the NRC regulations with
respect to the decommissioning of a licensed facility and the
termination of the license. Current NRC regulations permit a license to
be terminated when the facility has been decommissioned, i.e., cleaned
of radioactive contamination, such that the residual radiation will not
cause a total effective dose equivalent greater than 25 millirem per
year to an average member of the group of individuals reasonably
expected to receive the greatest exposure. Normally, the NRC
regulations require that the 25 millirem dose constraint be met without
imposing any restrictions regarding the future use of the land or
buildings of the facility (``unrestricted release''). Under certain
circumstances, NRC regulations in 10 CFR Part 20, Subpart E, allow a
license to be terminated if the 25 millirem dose constraint is met with
restrictions on the future use (``restricted release''). Ohio law does
not allow a license to be terminated under restricted release. Ohio
will instead issue special ``decommissioning-possession only'' licenses
as an alternative to license termination under restricted release. The
Commission has concluded that Ohio's approach, although different, is
compatible.
(c) Storage and Disposal. Ohio has also adopted, by reference, the
NRC requirements for the storage of radioactive material, and for the
disposal of radioactive material as waste. The waste disposal
requirements cover both the disposal of waste generated by the licensee
and the disposal of waste generated by and received from other persons.
(d) Transportation of Radioactive Material. Ohio has adopted the
NRC regulations in 10 CFR Part 71 by reference. Part 71 contains the
requirements licensees must follow when preparing packages containing
radioactive material for transport. Part 71 also contains requirements
related to the licensing of packaging for use in transporting
radioactive materials. Ohio 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. Ohio has adopted, by
reference, the sections of the NRC regulations which specify
requirements for licensees to keep records, and to report incidents or
accidents involving materials.
(f) Evaluation of License Applications. Ohio has adopted, by
reference, the NRC regulations that specify the requirements which a
person must meet in order to get a license to possess or use
radioactive materials. Ohio has also developed a licensing procedures
manual, along with the accompanying regulatory guides, which are
adapted from similar NRC documents and contain guidance for the program
staff when evaluating license applications.
(g) Inspections and Enforcement. The Ohio radiation control program
has adopted a schedule providing for the inspection of licensees as
frequently as, or more frequently than, the inspection schedule used by
NRC. The program has adopted procedures for the conduct of inspections,
the reporting of inspection findings, and the report of inspection
results to the licensees. The program has also adopted, by rule in the
OAC, procedures for the enforcement of regulatory requirements.
(h) Regulatory Administration. The Ohio Department of Health is
bound by requirements specified in State law for rulemaking, issuing
licenses, and taking enforcement actions. The program has also adopted
administrative procedures to assure fair and impartial treatment of
[[Page 12190]]
license applicants. Ohio law prescribes standards of ethical conduct
for State employees.
(i) Cooperation with Other Agencies. Ohio law deems the holder of
an NRC license on the effective date of the proposed Agreement to
possess a like license issued by Ohio. The law provides that these
former NRC licenses will expire either 90 days after receipt from the
radiation control program of a notice of expiration of such license or
on the date of expiration specified in the NRC license, whichever is
later. In the case of NRC licenses that are terminated under restricted
conditions pursuant to 10 CFR 20.1403 prior to the effective date of
the proposed Agreement, Ohio deems the termination to be final despite
any other provisions of State law or rule. For NRC licenses that, on
the effective date of the proposed Agreement, contain a license
condition indicating intent to terminate the license upon completion of
a Commission approved decommissioning plan, the transferred license
will be terminated by Ohio in accordance with the plan so long as the
licensee conforms to the approved plan.
Ohio also provides for ``timely renewal.'' This provision affords
the continuance of licenses for which an application for renewal has
been filed more than 30 days prior to the date of expiration of the
license. NRC licenses transferred while in timely renewal are included
under the continuation provision. The OAC provides 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 Ohio 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 Ohio'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 Ohio to use their best efforts to accord such
reciprocity.
III. Staff Conclusion
Subsection 274d of the Act provides that the Commission shall enter
into an agreement under subsection 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.
On the basis of its assessment, the NRC staff concludes that the
State of Ohio meets the requirements of the Act, conditioned on
completion of the commitments made in regard to the program staff. The
State's program, as defined by its statutes, regulations, personnel,
licensing, inspection, and administrative procedures, is compatible
with the program of the Commission and adequate to protect public
health and safety with respect to the materials covered by the proposed
Agreement.
NRC will continue the formal processing of the proposed Agreement,
however, the signing of the Agreement will be contingent upon the
Bureau's completion of the staffing commitments.
IV. Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of the Office of Management and
Budget (OMB).
Dated at Rockville, Maryland, this 5th day of March, 1999.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
An Agreement Between the United States Nuclear Regulatory
Commission and the State of Ohio 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
(hereinafter referred to as the Commission) is authorized under Section
274 of the Atomic Energy Act of 1954, as amended (hereinafter referred
to as the Act), to enter into agreements with the Governor of any State
providing for discontinuance of the regulatory authority of the
Commission within the State under Chapters 6, 7, and 8, and Section 161
of the Act with respect to byproduct materials as defined in Sections
11e.(1) and (2) 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 Ohio is authorized under
Chapter 3748, of the Ohio Revised Code to enter into this Agreement
with the Commission; and,
Whereas, The Governor of the State of Ohio certified on June 22,
1998, that the State of Ohio (hereinafter referred to as the State) has
a program for the control of radiation hazards adequate to protect the
health and safety of the public and to protect the environment 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 to be determined) 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
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 Atomic Energy Act of 1954, as amended; Now Therefore, It is
hereby agreed between the Commission and the Governor of the State of
Ohio, acting in 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.(2) of the Act;
[[Page 12191]]
3. Source materials;
4. Special nuclear materials in quantities not sufficient to
form a critical mass;
5. The regulation of the land disposal of byproduct, source, or
special nuclear waste materials received from other persons; and,
6. The evaluation of radiation safety information on sealed
sources or devices containing byproduct, source, or special nuclear
materials and the registration of the sealed sources or devices for
distribution, as provided for in regulations or orders of the
Commission.
Article II
A. 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 waste materials as defined in
the regulations or orders of the Commission;
4. The regulation of the disposal of such other byproduct,
source, or special nuclear material as the Commission from time to
time determines by regulation or order should, because of the
hazards or potential hazards thereof, not be so disposed without a
license from the Commission.
B. Notwithstanding this Agreement, the Commission retains the
following authorities pertaining to byproduct material as defined in
Section 11e.(2) of the Atomic Energy Act:
1. Prior to the termination of a State license for such
byproduct material, or for any activity that results in the
production of such material, the Commission shall have made a
determination that all applicable standards and requirements
pertaining to such material have been met.
2. The Commission reserves the authority to establish minimum
standards governing reclamation, long-term surveillance or
maintenance, and ownership of such byproduct material and of land
used as a disposal site for such material.
Such reserved authority includes:
a. The authority to establish terms and conditions as the
Commission determines necessary to assure that, prior to termination
of any license for such byproduct material, or for any activity that
results in the production of such material, the licensee shall
comply with decontamination, decommissioning, and reclamation
standards prescribed by the Commission; and with ownership
requirements for such materials and its disposal site;
b. The authority to require that prior to termination of any
license for such byproduct material or for any activity that results
in the production of such material, title to such byproduct material
and its disposal site be transferred to the United States or the
State at the option of the State (provided such option is exercised
prior to termination of the license);
c. The authority to permit use of the surface or subsurface
estates, or both, of the land transferred to the United States or a
State pursuant to paragraph 2.b. in this section in a manner
consistent with the provisions of the Uranium Mill Tailings
Radiation Control Act of 1978, provided that the Commission
determines that such use would not endanger public health, safety,
welfare, or the environment;
d. The authority to require, in the case of a license, if any,
for any activity that produces such byproduct material (which
license was in effect on November 8, 1981), transfer of land and
material pursuant to paragraph 2.b. in this section taking into
consideration the status of such material and land and interests
therein, and the ability of the licensee to transfer title and
custody thereof to the United States or the State;
e. The authority to require the Secretary of the Department of
Energy, other Federal agency, or State, whichever has custody of
such byproduct material and its disposal site, to undertake such
monitoring, maintenance, and emergency measures as are necessary to
protect public health and safety, and other actions as the
Commission deems necessary; and
f. The authority to enter into arrangements as may be
appropriate to assure Federal long-term surveillance or maintenance
of such byproduct material and its disposal site on land held in
trust by the United States for any Indian Tribe or land owned by an
Indian Tribe and subject to a restriction against alienation imposed
by the United States.
Article III
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 IV
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 V
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 State and Commission 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 VI
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 VII
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 judgement
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.
[[Page 12192]]
Article VIII
In the licensing and regulation of byproduct material as defined in
Section 11e.(2) of the Act, or of any activity which results in
production of such material, the State shall comply with the provisions
of Section 274o of the Act. If in such licensing and regulation, the
State requires financial surety arrangements for reclamation or long-
term surveillance and maintenance of such material,
A. The total amount of funds the State collects for such purposes
shall be transferred to the United States if custody of such material
and its disposal site is transferred to the United States upon
termination of the State license for such material or any activity
which results in the production of such material. Such funds include,
but are not limited to, sums collected for long-term surveillance or
maintenance. Such funds do not, however, include monies held as surety
where no default has occurred and the reclamation or other bonded
activity has been performed; and
B. Such surety or other financial requirements must be sufficient
to ensure compliance with those standards established by the Commission
pertaining to bonds, sureties, and financial arrangements to ensure
adequate reclamation and long-term management of such byproduct
material and its disposal site.
Article IX
This Agreement shall become effective on July 22, 1999, and shall
remain in effect unless and until such time as it is terminated
pursuant to Article VIII.
Done at Columbus, Ohio this (date to be determined).
For the United States Nuclear Regulatory Commission.
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Chairman
For the State of Ohio
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Governor
[FR Doc. 99-6057 Filed 3-10-99; 8:45 am]
BILLING CODE 7590-01-P
