[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Notices]
[Pages 36069-36073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3195]
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NUCLEAR REGULATORY COMMISSION
Commonwealth of Pennsylvania: Draft NRC Staff Assessment of a
Proposed Agreement Between the Nuclear Regulatory Commission and the
Commonwealth of Pennsylvania
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of a proposed Agreement with the Commonwealth of
Pennsylvania.
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SUMMARY: By letter dated November 9, 2006, Governor Edward G. Rendell
of Pennsylvania requested that the U. S. Nuclear Regulatory Commission
(NRC or Commission) enter into an Agreement with the Commonwealth 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
Pennsylvania would take over, portions of the Commission's regulatory
authority exercised within the Commonwealth. As required by the Act,
the NRC is publishing the proposed Agreement for public comment. The
NRC is also publishing the summary of an assessment by the NRC staff of
the Pennsylvania regulatory program. Comments are requested on the
proposed Agreement, especially its effect on public health and safety.
Comments are also requested on the draft NRC staff assessment, the
adequacy of the Pennsylvania program, and the Commonwealth's program
staff, as discussed in this notice.
The proposed Agreement would release (exempt) persons who possess
or use certain radioactive materials in Pennsylvania from portions of
the Commission's regulatory authority. The Act requires that the NRC
publish those exemptions. Notice is hereby given that the pertinent
exemptions have been previously published in the Federal
[[Page 36070]]
Register and are codified in the Commission's regulations as 10 CFR
Part 150.
DATES: The comment period expires July 18, 2007. 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, Rulemaking, Directives and Editing 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].
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 Pennsylvania 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: ML070240128,
ML063400549, ML070240055, ML063330295, ML070290041, ML070290046,
ML070260116, ML070260179, ML070260026, ML070260119, ML070250054,
ML063400559, ML070790604, ML070790609, ML070790612, ML070790616,
ML070790620, and ML070890378.
FOR FURTHER INFORMATION CONTACT: Mr. Andrew N. Mauer, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Telephone (301) 415-
3962 or e-mail to [email protected].
SUPPLEMENTARY INFORMATION: Since Section 274 of the Atomic Energy Act
of 1954, as amended (Act) was added in 1959, the Commission has entered
into Agreements with 34 States. The Agreement States currently regulate
approximately 17,600 Agreement material licenses, while the NRC
regulates approximately 4,400 licenses. Under the proposed Agreement,
approximately 690 NRC licenses will transfer to Pennsylvania. The 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 274b 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, 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.(3) of the Act; (c) byproduct materials as defined in
Section 11e.(4) of the Act; (d) source materials as defined in
Section 11z. of the Act; and (e) special nuclear materials as
defined in Section 11aa. of the Act, restricted to quantities not
sufficient to form a critical mass.
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In a letter dated November 9, 2006, Governor Rendell certified that
the Commonwealth of Pennsylvania has a program for the control of
radiation hazards that is adequate to protect public health and safety
within Pennsylvania for the materials and activities specified in the
proposed Agreement, and that the Commonwealth 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'') that the
Commonwealth of Pennsylvania 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 byproduct materials as defined in
Section 11e.(3) of the Act;
(3) The possession and use of byproduct materials as defined in
Section 11e.(4) of the Act;
(4) The possession and use of source materials;
(5) The possession and use of special nuclear materials in
quantities not sufficient to form a critical mass; and
(6) The regulation of the land disposal of: byproduct materials as
defined in Section 11e.(1), 11e.(3), or 11e.(4) of the Act; source; or
special nuclear waste materials received from other persons.
(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 Commonwealth of Pennsylvania and NRC to
exchange information as necessary to maintain coordinated and
compatible programs;
Provide for the reciprocal recognition of licenses;
Provide for the 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 NRC Chairman and the Governor of
Pennsylvania.
(c) The regulatory program is authorized by law under the Radiation
Protection Act (35 P.S. 7110.101-7110.703). Section 7110.201 provides
the authority for the Governor to enter into an Agreement with the
Commission. Pennsylvania law contains provisions for the orderly
transfer of regulatory authority over affected licensees from the NRC
to the Commonwealth. After the effective date of the Agreement,
licenses issued by NRC would continue in effect as Pennsylvania
licenses until the licenses expire or are replaced by State-issued
licenses. NRC licenses transferred to Pennsylvania which contain
requirements for decommissioning and express an intent to terminate the
license when decommissioning has been completed under a Commission-
approved decommissioning plan will continue as Pennsylvania licenses
and will be terminated by Pennsylvania when the Commission-approved
decommissioning plan has been completed.
Pennsylvania currently regulates the users of naturally-occurring
and accelerator-produced radioactive materials. The Energy Policy Act
of 2005 (EPAct) expanded the Commission's regulatory authority over
byproduct materials as defined in
[[Page 36071]]
Sections 11e.(3) and 11e.(4) of the Act, to include certain naturally-
occurring and accelerator-produced radioactive materials. On August 31,
2005, the Commission issued a time-limited waiver (70 FR 51581) of the
EPAct requirements. Under the proposed Agreement, Pennsylvania would
assume regulatory authority for these radioactive materials. Therefore,
if the proposed Agreement is approved, the Commission would terminate
the time-limited waiver in Pennsylvania coincident with the effective
date of the Agreement. Also, a notification of waiver termination would
be provided in the Federal Register for the final Agreement.
(d) The NRC draft staff assessment finds that the Commonwealth of
Pennsylvania Bureau of Radiation Protection of the Pennsylvania
Department of Environmental Protection 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 Pennsylvania Program for
the Control of Agreement Materials
The NRC staff has examined the Pennsylvania 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,'' (46 FR 7540; January 23, 1981, as amended
by policy statements published at 46 FR 36969; July 16, 1981 and at 48
FR 33376; July 21, 1983), and the Office of Federal and State Materials
and Environmental Management Programs (FSME) Procedure SA-700,
``Processing an Agreement.''
(a) Organization and Personnel. The Agreement materials program
will be located within the existing Bureau of Radiation Protection
(BRP) of the Pennsylvania Department of Environmental Protection
(PADEP). The Bureau will be responsible for all regulatory activities
related to the proposed Agreement.
The educational requirements for the BRP staff members are
specified in the Commonwealth of Pennsylvania 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 have had additional training plus working
experience in radiation protection. Supervisory level staff each have
at least seven years working experience in radiation protection.
The BRP performed and the NRC staff reviewed an analysis of the
expected workload under the proposed Agreement. Based on the NRC staff
review of the BRP's staff analysis, the BRP has an adequate number of
staff to regulate radioactive materials under the terms of the
Agreement. The BRP will employ a staff with at least the equivalent of
17.2 full-time professional/technical and administrative employees for
the Agreement materials program.
Pennsylvania has indicated that the BRP has an adequate number of
trained and qualified staff in place. Pennsylvania has developed
qualification procedures for license reviewers and inspectors which are
similar to the NRC's procedures. The technical staff are working with
NRC license reviewers in the NRC Region I Office and accompanying NRC
staff on inspections of NRC licensees in Pennsylvania. Pennsylvania is
also actively further supplementing their experience through direct
meetings, discussions, and facility walk-downs with NRC licensees in
Pennsylvania, and through self-study, in-house training, and formal
training.
In the course of the NRC staff's continued interactions with
Pennsylvania, the NRC staff will confirm the assurances that
Pennsylvania provided concerning having an adequate number of trained
and qualified staff in place, based on Pennsylvania's staff needs
analysis and qualification procedures. Specifically, the NRC staff will
verify how BRP staff fit into the qualification process, which staff
are qualified in certain areas, and the basis for the determinations.
(b) Legislation and Regulations. In conjunction with the rulemaking
authority vested in the Environmental Quality Board by Section 302 of
the Pennsylvania Radiation Protection Act 1984-147, PADEP has the
requisite authority to promulgate regulations for protection against
radiation. The law provides PADEP 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 NRC staff verified that Pennsylvania adopted the relevant NRC
regulations in 10 CFR parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40,
70, 71, and 150 into Pennsylvania Code Title 25, Environmental
Protection by reference. The NRC staff also verified that Pennsylvania
adopted the relevant NRC regulations in 10 CFR part 61 into
Pennsylvania Code Title 25, Environmental Protection. The NRC staff
also approved an order to implement Increased Controls requirements for
risk-significant radioactive materials for certain Pennsylvania
licensees under the proposed Agreement. As a result of the renumbering
of 10 CFR part 71 in 2004, Pennsylvania is proceeding with necessary
revisions to their regulations to ensure compatibility, that will be
effective by October 1, 2007. Therefore, on the proposed effective date
of the Agreement, Pennsylvania will have adopted an adequate and
compatible set of radiation protection regulations which apply to
byproduct, source, and special nuclear materials in quantities not
sufficient to form a critical mass. The NRC staff also verified that
Pennsylvania will not attempt to enforce regulatory matters reserved to
the Commission.
(c) Storage and Disposal. Pennsylvania has also adopted by
reference the NRC requirements for the storage of radioactive material
and for the land 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. Pennsylvania 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. Pennsylvania 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. Pennsylvania 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. Pennsylvania has adopted by
reference the NRC regulations that specify the requirements a person
must meet to get a license to possess or use radioactive materials.
Pennsylvania has also developed a licensing procedures
[[Page 36072]]
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. Pennsylvania has adopted a
schedule providing for the inspection of licensees as frequently as, or
more frequently than, the inspection schedule used by the NRC. The
program has adopted procedures for the conduct of inspections,
reporting of inspection findings, and reporting inspection results to
the licensees. Pennsylvania has also adopted procedures for the
enforcement of regulatory requirements, and is authorized by law to
enforce the State rules using a variety of sanctions, including the
imposition and collection of civil penalties, and the issuance of
orders to suspend, modify or revoke licenses, or to impound materials.
(h) Regulatory Administration. Pennsylvania is bound by
requirements specified in Commonwealth 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. Pennsylvania law prescribes standards of ethical
conduct for Commonwealth employees.
(i) Cooperation with Other Agencies. Pennsylvania law deems the
holder of an NRC license on the effective date of the proposed
Agreement to possess a like license issued by Pennsylvania. 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 required by 10 CFR 20.1403
prior to the effective date of the proposed Agreement, Pennsylvania
deems the termination to be final despite any other provisions of
Commonwealth 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 Pennsylvania under the plan so long as the licensee
conforms to the approved plan.
Pennsylvania 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 Pennsylvania
Code provides exemptions from the Commonwealth's requirements for
licensing of sources of radiation for NRC and U.S. Department of Energy
contractors or subcontractors. The proposed Agreement commits
Pennsylvania to uormulation of standards and regulatory programs for
the protection against hazards of radiation, and to assure that
Pennsylvania'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 Pennsylvania to
use their best efforts to accord such reciprocity.
III. Staff Conclusion
Section 274d of the Act provides that the Commission shall enter
into an agreement under Section 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 Section 274o, and in all other respects
compatible with the Commission'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.
The NRC staff has reviewed the proposed Agreement, the
certification by the Commonwealth of Pennsylvania in the application
for an Agreement submitted by Governor Rendell on November 9, 2006, and
the supporting information provided by the staff of the Bureau of
Radiation Protection of the Pennsylvania Department of Environmental
Protection, and concludes that, except as discussed above in Section
II. ``Summary of the NRC Staff Assessment of the Pennsylvania Program
for the Control of Agreement Materials,'' (a) ``Organization and
Personnel,'' of this document, the Commonwealth of Pennsylvania
satisfies the criteria in 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,'' and
therefore, meets the requirements of Section 274 of the Act. The
proposed Pennsylvania program to regulate Agreement materials, as
comprised of statutes, regulations, and procedures, is compatible with
the program of the Commission and is adequate to protect public health
and safety with respect to the materials covered by the proposed
Agreement.
With respect to discussion above in Section II. ``Summary of the
NRC Staff Assessment of the Pennsylvania Program for the Control of
Agreement Materials,'' (a) ``Organization and Personnel,'' once the NRC
staff confirms the assurances provided by Pennsylvania concerning staff
training and qualifications, the staff will be able to conclude that
area is satisfied.
Dated at Rockville, Maryland, this 25th day of June, 2007.
For the Nuclear Regulatory Commission.
Janet R. Schlueter,
Director, Division of Materials Safety and State Agreements, Office of
Federal and State Materials and Environmental Management Programs.
Appendix A--An Agreement Between the United States Nuclear Regulatory
Commission and the Commonwealth of Pennsylvania For the Discountinuance
of Certain Commission Regularoty Authority and Responsibility Within
the Commonwealth Pursuant To Section 274 of the Atomic Energy Act of
1954, As Amended
WHEREAS, The United States Nuclear Regulatory Commission (the
Commission) is authorized under Section 274 of the Atomic Energy Act
of 1954, as amended, 42 U.S.C. 2011 et seq. (the Act), to enter into
agreements with the Governor of any State/Commonwealth providing for
discontinuance of the regulatory authority of the Commission within
the Commonwealth under Chapters 6, 7, and 8, and Section 161 of the
Act with respect to byproduct materials as defined in Sections
11e.(1), (3), and (4) of the Act, source materials, and special
nuclear materials in quantities not sufficient to form a critical
mass; and,
WHEREAS, The Governor of the Commonwealth of Pennsylvania is
authorized under the Pennsylvania Radiation Protection Act, Act of
July 10, 1984, Pub.L. 688, No. 147, as amended, 35 P.S. section
7110.101 et seq., to enter into this Agreement with the Commission;
and,
WHEREAS, The Governor of the Commonwealth of Pennsylvania
certified on November 8, 2006, that the Commonwealth of Pennsylvania
(the Commonwealth) has a program for the control of radiation
hazards adequate to protect public health and safety with respect to
the materials within the Commonwealth covered by this Agreement, and
that the Commonwealth desires to assume regulatory responsibility
for such materials; and,
WHEREAS, The Commission found on [date] that the program of the
Commonwealth for the regulation of the materials covered by this
Agreement is compatible with the
[[Page 36073]]
Commission's program for the regulation of such materials and is
adequate to protect public health and safety; and,
WHEREAS, The Commonwealth and the Commission recognize the
desirability and importance of cooperation between the Commission
and the Commonwealth in the formulation of standards for protection
against hazards of radiation and in assuring that Commonwealth and
Commission programs for protection against hazards of radiation will
be coordinated and compatible; and,
WHEREAS, The Commission and the Commonwealth 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 Act; NOW, THEREFORE, It is hereby agreed between
the Commission and the Governor of the Commonwealth acting on behalf
of the Commonwealth 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
Commonwealth 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.(3) of the Act;
3. Byproduct materials as defined in Section 11e.(4) of the Act;
4. Source materials;
5. Special nuclear materials in quantities not sufficient to
form a critical mass.
6. The regulation of the land disposal of all byproduct, source,
and special nuclear waste materials covered by this Agreement;
ARTICLE II
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 materials waste as defined in
the regulations or orders of the Commission;
4. The regulation of the disposal of such other byproduct,
source, or special nuclear materials waste as the Commission from
time to time determines by regulation or order should, because of
the hazards or potential hazards thereof, not be disposed without a
license from the Commission;
5. 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 III
With the exception of those activities identified in Article
II.A.1 through 4, this Agreement may be amended, upon application by
the Commonwealth and approval by the Commission, to include one or
more of the additional activities specified in Article II, whereby
the Commonwealth may then exert regulatory authority and
responsibility with respect to those activities.
ARTICLE IV
Notwithstanding this Agreement, the Commission may from time to
time by rule, regulation, or order, require that the manufacturer,
processor, or producer of any equipment, device, commodity, or other
product containing source, byproduct, or special nuclear material
shall not transfer possession or control of such product except
pursuant to a license or an exemption from licensing issued by the
Commission.
ARTICLE V
This Agreement shall not affect the authority of the Commission
under SubSection 161b or 161i of the Act to issue rules,
regulations, or orders to protect the common defense and security,
to protect restricted data, or to guard against the loss or
diversion of special nuclear material.
ARTICLE VI
The Commission will cooperate with the Commonwealth 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 Commonwealth
programs for protection against hazards of radiation will be
coordinated and compatible. The Commonwealth agrees to cooperate
with the Commission and other Agreement States in the formulation of
standards and regulatory programs of the Commonwealth and the
Commission for protection against hazards of radiation and to assure
that the Commonwealth's program will continue to be compatible with
the program of the Commission for the regulation of materials
covered by this Agreement.
The Commonwealth 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 Commonwealth 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 Commonwealth 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 Commonwealth
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 Commonwealth, or upon request of
the Governor of the Commonwealth, 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 Commonwealth 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
Commonwealth has failed to take necessary steps. The Commission
shall periodically review actions taken by the Commonwealth under
this Agreement to ensure compliance with Section 274 of the Act
which requires a Commonwealth 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 Commision.
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Dale E. Klein, Chairman,
For the Commonwealth of Pennsylvania.
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Edward G. Rendell, Governor.
[FR Doc. 07-3195 Filed 6-29-07; 8:45 am]
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