[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Notices]
[Pages 54162-54164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20190]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION


State of Utah: Discontinuance of Certain Commission Regulatory 
Authority Within the State; Notice of Amendment to Agreement Between 
the Nuclear Regulatory Commission and the State of Utah

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of amendment to the agreement between NRC and the state 
of Utah.

-----------------------------------------------------------------------

SUMMARY: This notice is announcing that on August 10, 2004, Dr. Nils J. 
Diaz, Chairman of the U.S. Nuclear Regulatory Commission (NRC) and on 
August 16, 2004, Governor Olene S. Walker of the State of Utah signed 
an amendment to the Agreement between the NRC and the State of Utah as 
authorized by section 274b of the Atomic Energy Act of 1954, as amended 
(Act). The amendment to the Agreement became effective on August 16, 
2004. The amendment to the Agreement provides for the Commission to 
discontinue its regulatory authority and for Utah to assume regulatory 
authority over the possession and use of byproduct material as defined 
in section 11e.(2) of the Act. Under the amendment to the Agreement, a 
person in Utah possessing this material is exempt from certain 
Commission regulations. The exemptions have been

[[Page 54163]]

previously published in the Federal Register (FR) and are codified in 
the Commission's regulations at 10 CFR part 150. The amendment to the 
Agreement (Appendix A) is published as required by section 274e of the 
Act.

FOR FURTHER INFORMATION CONTACT: Dennis M. Sollenberger, Office of 
State and Tribal Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Telephone (301) 415-2819 or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The draft amendment to the Agreement was 
published in the Federal Register (FR) for comment once a week for four 
consecutive weeks (see e.g., 69 FR 7026; February 12, 2004) as required 
by the Act. The public comment period ended on March 15, 2004. The 
Commission received one comment letter (ML040780577 and ML040780567) 
which was addressed by the NRC staff. The commenter raised questions on 
Utah's adoption of the NRC policy allowing alternate feed materials to 
be processed at uranium mills, on proceeding with the amendment to the 
Agreement while the Commission is considering the proposed alternative 
groundwater standards, and on several other issues dealing with 
specific NRC past actions and what approach Utah should take in the 
future in implementing the amendment to the Agreement. The NRC staff 
analyzed these comments and prepared responses to them (ML042240493). 
The NRC staff determined that the comments received do not affect the 
NRC staff's assessment which finds the Utah 11e.(2) byproduct material 
program adequate to protect public health, safety, and environment, and 
compatible with the NRC's program. Thus, Utah meets NRC's criteria for 
an Agreement for 11e.(2) byproduct material. The proposed Utah 
amendment to the Agreement is consistent with Commission policy and 
thus, meets the criteria for an 11e.(2) byproduct material amendment to 
the Agreement with the Commission.
    After considering the request for an amendment to the Agreement by 
the Governor of Utah, the supporting documentation submitted with the 
request for the amendment to the Agreement, and the interactions with 
the staff of the Utah Division of Radiation Control, Department of 
Environmental Quality, the NRC staff completed an assessment of the 
Utah 11e.(2) byproduct material program. A copy of the NRC staff 
assessment (ML041940185) was made available in the NRC's PDR and 
electronically on NRC's Web site. Based on the documents submitted by 
Utah, the NRC staff's analysis of comments, and the NRC staff's 
assessment, the Commission determined on August 4, 2004, that the 
proposed Utah 11e.(2) byproduct material program is adequate to protect 
public health, safety, and the environment, and that it is compatible 
with the NRC's program (ML042170320).
    Documents referred to in this notice and other publicly available 
documents created or received at the NRC after November 1, 1999, are 
also available electronically at the NRC's Electronic Reading Room at 
http://www.nrc.gov/reading-rm/adams.html. From this site, the public 
can gain entry into the NRC's Agencywide Document Access and Management 
System (ADAMS), which provides text and image files of NRC's public 
documents. 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 1-800-397-4209, 301-415-4737 or 
by e-mail to [email protected].

    Dated at Rockville, Maryland, this 31st day of August, 2004.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.



    Appendix A--Amendment to Agreement Between the United States 
Nuclear Regulatory Commission and the State of Utah 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) entered into an 
Agreement on March 29, 1984 (hereinafter referred to as the 
Agreement of March 29, 1984) with the State of Utah under Section 
274 of the Atomic Energy Act of 1954, as amended (hereafter referred 
to as the Act) which became effective on April 1, 1984, 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 Section 
11e.(1) of the Act, source materials, and special nuclear materials 
in quantities not sufficient to form a critical mass; and,
    Whereas, the Commission entered into an amendment to the 
Agreement of March 29, 1984 (hereinafter referred to as the 
Agreement of March 29, 1984, as amended) pursuant to the Act 
providing for discontinuance of regulatory authority of the 
Commission with respect to the land disposal of source, byproduct, 
and special nuclear material received from other persons which 
became effective on May 9, 1990; and,
    Whereas, the Governor of the State of Utah requested, and the 
Commission agreed, that the Commission reassert Commission authority 
for the evaluation of radiation safety information for 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; and,
    Whereas, the Governor of the State of Utah is authorized under 
Utah Code Annotated 19-3-113 to enter into this amendment to the 
Agreement of March 29, 1984, as amended, between the Commission and 
the State of Utah; and,
    Whereas, the Governor of the State of Utah has requested this 
amendment in accordance with Section 274 of the Act by certifying on 
January 2, 2003 that the State of Utah (hereinafter referred to as 
the State) has a program for the control of radiological and non-
radiological hazards adequate to protect the public health and 
safety and the environment with respect to byproduct material as 
defined in Section 11e.(2) of the Act and facilities that generate 
this material and that the State desires to assume regulatory 
responsibility for such material; and,
    Whereas, the Commission found on August 4, 2004, that the 
program of the State for the regulation of materials covered by this 
Amendment is in accordance with the requirements of the Act and in 
all other respects compatible with the Commission's program for the 
regulation of byproduct material as defined in Section 11e.(2) of 
the Act 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 the State and the Commission programs 
for protection against hazards of radiation will be coordinated and 
compatible; and,
    Whereas, this Amendment to the Agreement of March 29, 1984, as 
amended, 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:
    Section 1. Article I of the Agreement of March 29, 1984, as 
amended, is amended by adding a new paragraph B and renumbering 
paragraphs B through D as paragraphs C through E. Paragraph B will 
read as follows:
    ``B. Byproduct materials as defined in Section 11e.(2) of the 
Act;''
    Section 2. Article II of the Agreement of March 29, 1984, as 
amended, is amended by deleting paragraph E and inserting a new 
paragraph E to implement the reassertion of Commission authority 
over sealed sources and devices to read:
    ``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.''
    Section 3. Article II of the Agreement of March 29, 1984, as 
amended, is amended by numbering the current Article as ``A'' by

[[Page 54164]]

placing an A in front of the current Article language. The 
subsequent paragraphs A through E are renumbered as paragraphs 1 
through 5. After the current amended language, the following new 
Paragraph B is added to read:
    ``B. Notwithstanding this Agreement, the Commission retains the 
following authorities pertaining to byproduct material as defined in 
Section 11e.(2) of the Act:
    1. Prior to the termination of a State license for such 
byproduct material, or for any activity that resulted 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 of Utah 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 
the State pursuant to 2.b. in this Section in a manner consistent 
with the provisions of the Uranium Mill Tailings Radiation Control 
Act of 1978, as amended, 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 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.''
    Section 4. Article IX of the 1984 Agreement, as amended, is 
renumbered as Article X and a new Article IX is inserted to read:

``ARTICLE IX

    In the licensing and regulation of byproduct material as defined 
in Section 11e.(2) of the Act, or of any activity which results in 
the production of such byproduct 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 
byproduct material:
    A. The total amount of funds the State collects for such 
purposes shall be transferred to the United States if custody of 
such byproduct material and its disposal site is transferred to the 
United States upon termination of the State license for such 
byproduct material or any activity that results in the production of 
such byproduct 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.''
    This amendment shall become effective on August 15, 2004, and 
shall remain in effect unless and until such time as it is 
terminated pursuant to Article VIII of the Agreement of March 29, 
1984, as amended.

    Done at Rockville, Maryland, in triplicate, this 10th day of 
August 2004.

    For the United States Nuclear Regulatory Commission.

/RA/
Nils J. Diaz,

Chairman.

    Done at Salt Lake City, Utah, in triplicate, this 16th day of 
August 2004.

    For the state of Utah.

/RA/
Olene S. Walker,
Governor.

[FR Doc. 04-20190 Filed 9-3-04; 8:45 am]
BILLING CODE 7590-01-P