[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Notices]
[Pages 60695-60696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26150]
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NUCLEAR REGULATORY COMMISSION
State of Oklahoma: Discontinuance of Certain Commission
Regulatory Authority Within the State; Notice of Agreement Between the
NRC and the State of Oklahoma
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of Agreement between the NRC and the State of Oklahoma.
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SUMMARY: This notice is announcing that on August 30, 2000, Richard
Meserve, Chairman of the U.S. Nuclear Regulatory Commission (NRC) and
on September 22, 2000, Governor Frank Keating of the State of Oklahoma
signed an Agreement as authorized by section 274b of the Atomic Energy
Act of 1954, as amended (Act). The Agreement provides for the
Commission to discontinue its regulatory authority and for Oklahoma to
assume regulatory authority over the possession and use of byproduct
material as defined in section 11e.(1) of the Act, special nuclear
materials (in quantities not sufficient to form a critical mass),
source material used to take advantage of its density and high mass
properties where the use of the specifically licensed material is
subordinate to the primary specifically licensed use of either 11e.(1)
byproduct material or special nuclear material (primarily used as
shielding), and the disposal of low-level radioactive waste at a land
disposal site in the State of Oklahoma.
Under the Agreement, a person in Oklahoma possessing these
materials is exempt from certain Commission regulations. The exemptions
have been previously published in the Federal Register (FR) and are
codified in the Commission's regulations as 10 CFR part 150. The
Agreement is published here as required by section 274e of the Act.
ADDRESSES: Copies of the staff assessment, and the Commission's
decision may be viewed at the NRC website, http://www.nrc.gov.
FOR FURTHER INFORMATION CONTACT: Patricia M. Larkins, Office of State
and Tribal Programs, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001. Telephone (301) 415-2309 or e-mail [email protected].
SUPPLEMENTARY INFORMATION: The draft Agreement was published in the
Federal Register for comment once a week for four consecutive weeks
(see, e.g., 65 FR 36169; June 7, 2000) as required by the Act. The
public comment period ended on July 7, 2000, and the Commission did not
receive any comments during that time. After considering the request
for an Agreement by the Governor of Oklahoma, the supporting
documentation submitted with the request for an Agreement, and its
interactions with the staff of the Oklahoma Department of Health,
Bureau of Radiological Health, the NRC staff completed an assessment of
the Oklahoma program. A copy of the NRC staff assessment was made
available in the NRC's Public Document Room and electronically on NRC's
website.
Based on the NRC staff's assessment, the Commission determined on
August 24, 2000, that the proposed Oklahoma program for the control of
radiation hazards is adequate to protect public health and safety, and
that it is compatible with the Commission's program. Following
execution of the Agreement, NRC staff will continue a program of active
interaction with the new Agreement State that includes the exchange of
regulatory information (e.g., incident reports, policy changes, rule
and guidance development), and periodic on-site reviews of the
Agreement State program.
Dated at Rockville, Maryland, this 4th day of October, 2000.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Agreement Between the United States Nuclear Regulatory Commission and
the State of Oklahoma for 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 Oklahoma is authorized
under section 2-9-103(c) of the Radiation Management Act (27A
[[Page 60696]]
O.S. Supp. 1998 Sec. 2-9-101 et seq.) to enter into this Agreement
with the Commission; and,
Whereas, the Governor of the State of Oklahoma certified on
December 28, 1999 that the State of Oklahoma (hereinafter referred
to as the State) has a program for the control of radiation hazards
adequate to protect the health and safety with respect to 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 August 24, 2000, 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 Act: Now, Therefore, it is hereby agreed between
the Commission and the Governor of the State of Oklahoma, 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:
A. Byproduct material as defined in section 11e.(1) of the Act;
B. Source material used to take advantage of the density and
high-mass property where the use of the specifically licensed source
material is subordinate to the primary specifically licensed use of
either 11e.(1) byproduct material or special nuclear material;
C. Special nuclear materials in quantities not sufficient to
form a critical mass;
D. The regulation of the land disposal of byproduct source or
special nuclear waste material 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:
A. The regulation of the construction and operation of any
production or utilization facility or any uranium enrichment
facility;
B. 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;
C. The regulation of the disposal into the ocean or sea of
byproduct, source, or special nuclear waste material as defined in
the regulations or orders of the Commission;
D. 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;
E. 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;
F. Byproduct material as defined in section 11e. (2) of the Act;
G. Source material except for source material used to take
advantage of the density and high-mass properties where the use of
the specifically licensed source material is subordinate to the
primary specifically licensed use of either 11e.(1) byproduct
material or special nuclear material.
Article III
With the exception of those activities identified in Article II,
paragraph A through D, 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,
paragraphs E through G, 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(2) 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 September 29, 2000, and
shall remain in effect unless and until such time as it is
terminated pursuant to Article VIII.
Dated at Rockville, Maryland, in triplicate, this 30th day of
August 2000.
For the United States Nuclear Regulatory Commission.
Richard A. Meserve,
Chairman.
Dated at Oklahoma City, Oklahoma, in triplicate, this 22nd day
of September 2000.
For the State of Oklahoma.
Frank Keating,
Governor.
[FR Doc. 00-26150 Filed 10-11-00; 8:45 am]
BILLING CODE 7590-01-P