[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Notices]
[Pages 13453-13458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6584]


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

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.

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

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 19, 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 [email protected].

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 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 13454]]

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 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

[[Page 13455]]

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 
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

[[Page 13456]]

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;
    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

[[Page 13457]]

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 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 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.

________, Chairman
For the State of Ohio


[[Page 13458]]


________, Governor

[FR Doc. 99-6584 Filed 3-17-99; 8:45 am]
BILLING CODE 7590-01-P