[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Pages 68102-68106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22317]
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NUCLEAR REGULATORY COMMISSION
State of Minnesota: NRC Draft Staff Assessment of a proposed
Agreement Between the Nuclear Regulatory Commission and the State of
Minnesota
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of a Proposed Agreement with the State of Minnesota.
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SUMMARY: By letter dated July 6, 2004, Governor Tim Pawlenty of
Minnesota 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 discontinue, and
Minnesota would assume, 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 a Draft Staff Assessment of the Minnesota
Program. Comments are requested on the proposed Agreement and the NRC
Draft Staff Assessment which finds the Program adequate to protect
public health and safety and compatible with NRC's program for
regulation of agreement material.
The proposed Agreement would release (exempt) persons who possess
or use certain radioactive materials in Minnesota 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 December 9, 2005. 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. Michael T. Lesar,
Chief, Rules and Directives Branch, Division of Administrative
Services, Office of Administration, Washington, DC 20555-0001. Comments
may be submitted electronically at [email protected].
The NRC maintains an Agencywide Documents Access and Management
System (ADAMS), which provides text and image files of NRC's public
documents. The documents may be accessed through the NRC's Public
Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. 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 (800) 397-4209, or (301)
415-4737, or by e-mail to [email protected].
[[Page 68103]]
Copies of comments received by NRC may be examined at the NRC
Public Document Room, 11555 Rockville Pike, Public File Area O-1-F21,
Rockville, Maryland. Copies of the request for an Agreement by the
Governor of Minnesota including all information and documentation
submitted in support of the request, and copies of the full text of the
NRC Draft Staff Assessment are also available for public inspection in
the NRC's Public Document Room--ADAMS Accession Numbers: ML041960496,
ML041960499, ML052440344, ML050130375, ML050140452, ML051330043,
ML051740384, ML051650073, ML052200424, and ML053060372.
FOR FURTHER INFORMATION CONTACT: Cardelia Maupin, Office of State and
Tribal Programs, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001. Telephone (301) 415-3340 or e-mail [email protected].
SUPPLEMENTARY INFORMATION: Since section 274 of the Act was added in
1959, the Commission has entered into Agreements with 33 States. The
Agreement States currently regulate approximately 17,200 agreement
material licenses, while NRC regulates approximately 4,700 licenses.
Under the proposed Agreement, approximately 167 NRC licenses will
transfer to Minnesota. 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.
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\1\ The radioactive 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 ceitical mass.
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In a letter dated July 6, 2004, Governor Pawlenty certified that
the State of Minnesota has a program for the control of radiation
hazards that is adequate to protect public health and safety within
Minnesota 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.
The radioactive materials and activities (which together are
usually referred to as the ``categories of materials'') which the State
of Minnesota requests authority over are: (1) The possession and use of
byproduct materials as defined in section 11e.(1) of the Act; (2) the
possession and use of source materials; and (3) the possession and use
of special nuclear materials in quantities not sufficient to form a
critical mass, as provided for in regulations or orders of the
Commission.
(b) The proposed Agreement contains articles that:
--Specify the materials and activities over which NRC's authority is
discontinued and 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 Minnesota and NRC to exchange information as
necessary to maintain coordinated and compatible programs;
--Provide for the reciprocal recognition of licenses;
--Provide for the amendment, suspension or termination of the
Agreement; 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 Minnesota.
(c) Minnesota currently registers users of naturally-occurring and
accelerator-produced radioactive materials. Authority for Minnesota's
radiation control unit and proposed Agreement State activities is
primarily found in Minnesota Statutes, sections 144.12-144.121, and in
the Minnesota Rules Chapter 4731. Section 144.1202 provides the
authority for the Governor to enter into an Agreement with the
Commission and 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 Minnesota licenses until the licenses expire or
are replaced by State-issued licenses.
(d) The NRC Draft Staff Assessment finds that the Minnesota 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 Draft Staff Assessment of the Minnesota Program
for the Control of Agreement Materials
NRC staff has examined the Minnesota request for an Agreement with
respect to the ability of the Minnesota 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''), published on January 23, 1981 (46 FR 7540), as amended by
policy statements published on July 16, 1981 (46 FR 36969), and on July
21, 1983 (48 FR 33376).
(a) Organization and Personnel. The agreement materials program
will be located within the existing Environmental Health Division
(Program) of the Minnesota Department of Health (MDH). The Program will
be responsible for implementation of all regulatory activities related
to the proposed Agreement.
The educational requirements for the Program staff members are
specified in the Minnesota 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. The Program supervisor has more than 20 years
work experience in radiation protection.
The Program performed, and NRC staff reviewed, an analysis of the
expected Program workload under the proposed Agreement. Based on the
NRC staff review of the State's staff analysis, Minnesota has an
adequate number of staff to regulate radioactive materials under the
terms of the Agreement. The Program will employ a staff of 3.5 full-
time professional/technical and administrative employees for the
agreement materials program. The
[[Page 68104]]
distribution of the qualifications of the individual staff members will
be balanced to the distribution of categories of licensees transferred
from NRC.
(b) Legislation and Regulations. The MDH is designated by law in
section 144.1202 of the Minnesota Statutes to be the radiation control
agency. The law provides the MDH 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 MDH is authorized to promulgate
regulations.
The State's regulations are found in Minnesota Rules Chapter 4731
effective June 2004. The NRC staff reviewed and forwarded comments on
these regulations to the Minnesota staff. The NRC staff review verified
that, with the comments incorporated, the Minnesota rules, and with the
addition of legally binding requirements to incorporate recent changes
to 10 CFR part 35 and 71 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 MDH has extended the effect of the rules, where
appropriate, to apply to naturally-occurring or accelerator-produced
radioactive materials (NARM), in addition to agreement materials. The
NRC staff is satisfied that the Minnesota Program, will not regulate in
areas reserved to the NRC in matters concerning or affecting the
proposed Agreement.
(c) Storage and Disposal. Minnesota has also adopted NRC compatible
requirements for the handling and storage of radioactive material.
Minnesota will not seek authority to regulate the land disposal of
radioactive material as waste. The Minnesota waste disposal
requirements cover the preparation, classification and manifesting of
radioactive waste, generated by Minnesota licensees, for transfer for
disposal to an authorized waste disposal site or broker.
(d) Transportation of Radioactive Material. Minnesota has adopted
regulations compatible with NRC regulations in 10 CFR part 71. Part 71
contains the requirements that 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.
(e) Recordkeeping and Incident Reporting. Minnesota has adopted the
sections compatible with the NRC regulations which specify requirements
for licensees to keep records, and to report incidents, accidents, or
events involving materials.
(f) Evaluation of License Applications. Minnesota has adopted
regulations compatible with the NRC regulations that specify the
requirements which a person must meet in order to get a license to
possess or use radioactive materials. Minnesota 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 Minnesota radiation control
program has adopted a schedule providing for the inspection of
licensees as frequently as the inspection schedule used by NRC. The
Program has adopted procedures for the conduct of inspections, the
reporting of inspection findings, and the reporting of inspection
results to the licensees. The Program has also adopted, by rule based
on the Minnesota Statutes, procedures for the enforcement of regulatory
requirements.
(h) Regulatory Administration. The MDH 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. Minnesota law prescribes standards of ethical conduct for
State employees.
(i) Cooperation with Other Agencies. Minnesota law deems the holder
of an NRC license on the effective date of the proposed Agreement to
possess a like license issued by Minnesota. The law provides that these
former NRC licenses will expire on the date of expiration specified in
the NRC license.
Minnesota 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. Minnesota Rules
Chapter 4731 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 Minnesota
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 the Minnesota Program will continue to be compatible with the
NRC's program for the regulation of agreement materials. The proposed
Agreement stipulates the desirability of reciprocal recognition of
licenses, and commits the Commission and Minnesota 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 NRC'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 Draft Staff Assessment, the NRC staff concludes
that the State of Minnesota meets the requirements of the Act. The
State's program, as defined by its statutes, regulations, personnel,
licensing, inspection, and administrative procedures, is compatible
with the program of the NRC 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 which
includes publication of this Notice once a week for four consecutive
weeks for public review and comment.
Dated at Rockville, Maryland, this 3rd day of November, 2005.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Appendix A--An Agreement Between the United States Nuclear Regulatory
Commission and the State of Minnesota 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
[[Page 68105]]
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 Minnesota is authorized under
Sec. 144.1202, subdivision 1, Minnesota Statutes, to enter into this
Agreement with the Commission; and,
Whereas, The Governor of the State of Minnesota certified on July
6, 2004, that the State of Minnesota (hereinafter referred to as the
State) has a program for the control of radiation hazards adequate to
protect public health and safety 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] 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
the 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 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 materials as defined in section 11e.(1) of the Act;
B. Source materials;
C. Special nuclear materials in quantities not sufficient to form a
critical mass.
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 materials, or of any
production or utilization facility;
C. The regulation of the disposal into the ocean or sea of
byproduct, source, or special nuclear materials waste as defined in the
regulations or orders of the Commission;
D. The regulation of the disposal of such other byproduct, source,
or special nuclear materials 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. The regulation of the land disposal of by-product, source, or
special nuclear materials waste received from other persons;
G. The extraction or concentration of source material from source
material ore and the management and disposal of the resulting byproduct
material.
Article III
With the exception of those activities identified in Article II,
paragraphs 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, F, and
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 materials
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 materials.
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
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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 IX
This Agreement shall become effective on [date], and shall remain
in effect unless and until such time as it is terminated pursuant to
Article VIII.
Done at [City, State] this [date] day of [month], [year].
For the United States Nuclear Regulatory Commission.
Nils J. Diaz,
Chairman.
For the State of Minnesota.
Tim Pawlenty,
Governor.
[FR Doc. 05-22317 Filed 11-8-05; 8:45 am]
BILLING CODE 7590-01-P