[Federal Register Volume 64, Number 174 (Thursday, September 9, 1999)]
[Notices]
[Pages 49029-49031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23407]


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NUCLEAR REGULATORY COMMISSION


State of Ohio: Discontinuance of Certain Commission Regulatory 
Authority Within the State

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of agreement with the State of Ohio.

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SUMMARY: On August 11, 1999, Greta J. Dicus, Chairman of the U.S. 
Nuclear Regulatory Commission (NRC) and on August 18, 1999, Governor 
Bob Taft of the State of Ohio signed an Agreement as authorized by 
section 274b of the Atomic Energy Act. The Agreement provides for the 
Commission to discontinue its regulatory authority over source, 
byproduct and special nuclear materials (in quantities not sufficient 
to form a critical mass) in the State of Ohio, and for Ohio to assume 
the regulatory authority.
    Under the Agreement, a person in Ohio possessing these materials is 
exempt from certain Commission regulations. The exemptions have been 
previously published in the Federal Register 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.

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].
    The draft Agreement was published in the Federal Register for 
comment once a week for four consecutive weeks (see, e.g. 64 FR 12187, 
March 11, 1999) as required by the Act. The public comment period ended 
on April 12, 1999. A total of 25 comment letters were received and were 
considered by the NRC staff. After considering the comments, the 
request for an Agreement by the Governor of Ohio, the supporting 
documentation submitted with the request for an Agreement, and its 
interactions with the staff of the Ohio Department of Health, Bureau of 
Radiological Health, the NRC staff completed an assessment of the Ohio 
program. Based on the staff's assessment, the Commission determined on 
August 4, 1999, that the proposed Ohio program for the control of 
radiation hazards is adequate to protect public health and safety and 
compatible with the Commission's program. NRC will retain jurisdiction 
over 19 materials licensees including certain Federal facilities and 
exempt distribution. In addition, NRC will retain jurisdiction over the 
gaseous diffusion plant in Portsmouth, Ohio and two nuclear power 
plants near Toledo and Painesville.
    Copies of the comment analysis by the NRC staff, the staff 
assessment, and the Commission's decision may be viewed at the NRC 
website, http://www.nrc.gov. To view the documents, click on the ``News 
and Information'' icon, then select ``Staff Papers'' under the 
``Commission'' heading. The documents are contained in the Commission 
paper numbered SECY-99-179.
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,

[[Page 49030]]

    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 August 4, 1999 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 on behalf of the State, as 
follows:
Article I
    Subject to the exceptions provided in Articles II, III, and IV, 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 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;
    D. Special nuclear materials in quantities not sufficient to form a 
critical mass;
    E. The regulation of the land disposal of byproduct, source, or 
special nuclear waste materials received from other persons; and,
    F. 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.

[[Page 49031]]

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.
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 August 31, 1999, and shall 
remain in effect unless and until such time as it is terminated 
pursuant to Article VII.

    Done at Rockville, Maryland, in triplicate, this 11th day of 
August, 1999.

    For the United States Nuclear Regulatory Commission.
Greta Joy Dicus,
Chairman.
    Done at Columbus, Ohio, in triplicate, this 18th day of August, 
1999.

    For the State of Ohio.
Bob Taft,
Governor.
    Dated at Rockville, Maryland, this 2nd day of September, 1999.

For the U.S. Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-23407 Filed 9-8-99; 8:45 am]
BILLING CODE 7590-01-P