[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Notices]
[Pages 70384-70388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27582]
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NUCLEAR REGULATORY COMMISSION
[NRC-2008-0607]
Commonwealth of Virginia: NRC Staff Assessment of a Proposed
Agreement Between the Nuclear Regulatory Commission and the
Commonwealth of Virginia
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of a proposed Agreement with the Commonwealth of
Virginia.
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SUMMARY: By letter dated June 12, 2008, Governor Timothy M. Kaine of
Virginia requested that the U.S. Nuclear Regulatory Commission (NRC or
Commission) enter into an Agreement with the Commonwealth of Virginia
(Commonwealth or Virginia) as authorized by Section 274 of the Atomic
Energy Act of 1954, as amended (Act).
Under the proposed Agreement, the Commission would relinquish, and
the Commonwealth would assume, 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 Commonwealth's 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 Commonwealth's 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 the Commonwealth 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 Register and
are codified in the Commission's regulations as 10 CFR part 150.
DATES: The comment period expires December 22, 2008. 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. Members of the public are invited and encouraged to submit
comments electronically to http://www.regulations.gov. Search on Docket
ID: [NRC-2008-0607] and follow the instructions for submitting
comments.
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 Virginia including all information and
[[Page 70385]]
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: ML081720184, ML081760524, ML081760523, ML081760623,
ML081760624, ML082470314, and ML082520075.
FOR FURTHER INFORMATION CONTACT: Ms. Monica L. Orendi, Office of
Federal and State Materials and Environmental Management Programs, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone
(301) 415-3938 or e-mail to [email protected].
SUPPLEMENTARY INFORMATION: Since Section 274 of the Act was added in
1959, the Commission has entered into Agreements with 35 States. The
Agreement States currently regulate approximately 18,000 Agreement
material licenses, while the NRC regulates approximately 4,000
licenses. Under the proposed Agreement, approximately 400 NRC licenses
will transfer to the Commonwealth. 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 June 12, 2008, Governor Kaine certified that the
Commonwealth of Virginia has a program for the control of radiation
hazards that is adequate to protect public health and safety within
Virginia 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 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; and
(5) The possession and use of special nuclear materials in
quantities not sufficient to form a critical mass.
The materials and activities the Commonwealth is not requesting
authority over are:
(1) The regulation of extraction or concentration of source
material from source material ore and the management and disposal of
the resulting byproduct material;
(2) The regulation of land disposal of byproduct material or
special nuclear material waste received from other persons; and
(3) 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.
(b) The proposed Agreement contains articles that:
(1) Specify the materials and activities over which authority is
transferred;
(2) Specify the activities over which the Commission will retain
regulatory authority;
(3) Continue the authority of the Commission to safeguard nuclear
materials and restricted data;
(4) Commit the Commonwealth and NRC to exchange information as
necessary to maintain coordinated and compatible programs;
(5) Provide for the reciprocal recognition of licenses;
(6) Provide for the suspension or termination of the Agreement; and
(7) 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
Virginia.
(c) The regulatory program is authorized by law under the Code of
Virginia (32.1-227-32.1-238). Section 32.1-235 provides the Governor
with the authority to enter into an Agreement with the Commission.
Virginia 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 Commonwealth licenses until the licenses expire
or are replaced by Commonwealth issued licenses. NRC licenses
transferred to the Commonwealth which contain requirements for
decommissioning and express intent to terminate the license when
decommissioning has been completed under a Commission approved
decommissioning plan will continue as Commonwealth licenses and will be
terminated by the Commonwealth when the Commission approved
decommissioning plan has been completed.
The Commonwealth 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 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, the Commonwealth would
assume regulatory authority for these radioactive materials. Therefore,
if the proposed Agreement is approved, the Commission would terminate
the time-limited waiver in the Commonwealth 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's
Division of Radiological Health, an organizational unit of the Virginia
Department of Health (VDH), 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 Commonwealth's Program
for the Control of Agreement Materials
The NRC staff has examined the Commonwealth's request for an
Agreement with respect to the ability of
[[Page 70386]]
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 Division of Radiological Health
(DRH) of the VDH. The DRH will be responsible for all regulatory
activities related to the proposed Agreement.
The educational requirements for the DRH staff members are
specified in the Commonwealth's 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. All have had additional training and work experience
in radiation protection. Supervisory level staff has at least seven
years working experience in radiation protection.
The DRH performed and the NRC staff reviewed an analysis of the
expected workload under the proposed Agreement. Based on the NRC staff
review of the DRH's staff analysis, the DRH has an adequate number of
staff to regulate radioactive materials under the terms of the
Agreement. The DRH will employ a staff with at least the equivalent of
6.0 full-time professional/technical and administrative employees for
the Agreement materials program.
The Commonwealth has indicated that the DRH has an adequate number
of trained and qualified staff in place. The Commonwealth 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 Virginia. DRH staff is also
actively supplementing their experience through direct meetings,
discussions, and facility walk-downs with NRC licensees in the
Commonwealth, and through self-study, in-house training, and formal
training.
Overall, the NRC staff believes that the DRH technical staff
identified by the Commonwealth to participate in the Agreement
materials program has sufficient knowledge and experience in radiation
protection, the use of radioactive materials, the standards for the
evaluation of applications for licensing, and the techniques of
inspecting licensed users of agreement materials.
(b) Legislation and Regulations. In conjunction with the rulemaking
authority vested in the Virginia Board of Health by Section 32.1-229 of
the Code of Virginia, the DRH has the requisite authority to promulgate
regulations for protection against radiation. The law provides DRH the
authority to issue licenses and 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 the Commonwealth adopted the relevant
NRC regulations in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39,
40, 61, 70, 71, and 150 into Virginia Administrative Code Title 12,
Section 5-481. The NRC staff also approved two license conditions to
implement Increased Controls and Fingerprinting and Criminal History
Records Check requirements for risk-significant radioactive materials
for certain Commonwealth licensees under the proposed Agreement. These
license conditions will replace the Orders that NRC issued (EA-05-090
and EA-07-305) to these licensees that will transfer to the
Commonwealth. As a result of the restructuring of Virginia Regulations,
the Commonwealth deleted financial assurance requirements equivalent to
10 CFR 40.36. The Commonwealth is proceeding with the necessary
revisions to their regulations to ensure compatibility, and these
revisions will be effective by January 1, 2009. Therefore, on the
proposed effective date of the Agreement, the Commonwealth will have
adopted an adequate and compatible set of radiation protection
regulations that apply to byproduct, source, and special nuclear
materials in quantities not sufficient to form a critical mass. The NRC
staff also verified that the Commonwealth will not attempt to enforce
regulatory matters reserved to the Commission.
(c) Storage and Disposal. The Commonwealth has adopted NRC
compatible requirements for the handling and storage of radioactive
material. The Commonwealth will not seek authority to regulate the land
disposal of radioactive material as waste. The Commonwealth waste
disposal requirements cover the preparation, classification, and
manifesting of radioactive waste generated by Commonwealth licensees
for transfer for disposal to an authorized waste disposal site or
broker.
(d) Transportation of Radioactive Material. Virginia has adopted
compatible regulations to the NRC regulations in 10 CFR Part 71. 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. Virginia 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. The Commonwealth has
adopted compatible regulations to 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. The Commonwealth has
adopted compatible regulations to the NRC regulations that specify the
requirements a person must meet to get a license to possess or use
radioactive materials. The Commonwealth 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 Commonwealth 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. The Commonwealth has also adopted procedures for the
enforcement of regulatory requirements.
(h) Regulatory Administration. The Commonwealth 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. Commonwealth law prescribes standards of ethical
conduct for Commonwealth employees.
(i) Cooperation with Other Agencies. Commonwealth law deems the
holder of an NRC license on the effective date of the proposed
Agreement to possess a
[[Page 70387]]
like license issued by the Commonwealth. 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, the Commonwealth 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 the Commonwealth under the
plan so long as the licensee conforms to the approved plan.
The Commonwealth 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 Code of
Virginia 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 the
Commonwealth 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 Commonwealth'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 the
Commonwealth 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 Virginia in the application for an
Agreement submitted by Governor Kaine on June 12, 2008, and the
supporting information provided by the staff of the DRH of the Virginia
Department of Health, and concludes that the Commonwealth of Virginia
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 Commonwealth of Virginia 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.
Dated at Rockville, Maryland, this 14th day of November, 2008.
For the Nuclear Regulatory Commission.
Terrence Reis,
Acting 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 Virginia for the Discontinuance of
Certain Commission Regulatory 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 Virginia is
authorized under the Code of Virginia Section 32.1-235, to enter
into this Agreement with the Commission; and,
WHEREAS, The Governor of the Commonwealth of Virginia certified
on June 12, 2008, that the Commonwealth of Virginia (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 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; and
5. 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:
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
[[Page 70388]]
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;
6. The regulation of byproduct material as defined in Section
11e.(2) of the Act;
7. The regulation of the land disposal of byproduct, source, or
special nuclear material waste received from other persons.
ARTICLE III
With the exception of those activities identified in Article
II.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 Commonwealth 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 [Richmond, Virginia] this [date] day of [month], [year].
For the United States Nuclear Regulatory Commission.
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Dale E. Klein,
Chairman.
For the Commonwealth of Virginia.
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Timothy M. Kaine,
Governor.
[FR Doc. E8-27582 Filed 11-19-08; 8:45 am]
BILLING CODE 7590-01-P