ML20217G841

Advises Council on Environ Quality That Under Section 274 of Us AEA of 1954,as Amended,Nrc Approved Agreement with State of Ohio.Agreement Transfers to State Commission Regulatory Authority Over Byproduct Matl,Source Matl & SNM

ML20217G841
Person / Time
Issue date:	10/04/1999
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Frampton G COUNCIL ON ENVIRONMENTAL QUALITY
References
NUDOCS 9910210367
Download: ML20217G841 (4)

Text

g Mr. George Frampton, Acting Chair DCT 4 1999 Council on Environmental Quality Old Executive Office Building, Room 360 Washington, D.C. 20502

Dear Mr. Frampton:

This is to advise the Council on Environmental Quality that under Section 274 of the U.S. Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission has

' approved an Agreement with the State of Ohio.' This Agreement transfers to the State the Commission's regulatory authority over byproduct material, source material and special nuclear -

materialin quantities not sufficient to form a critical mass. The Agreement became effective August 31' 1999. Enciosed is a copy of the Agreement for your information.

i Sincerely, i

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PAULH.LOH4us j

Paul H. Lohaus, Director Office of State Programs

Enclosure:

As stated Distribution:

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WASHINGTON, D.C. 20066-0001 October 4, 1999 Mr. George Frampton, Acting Chair Council on Environmental Quality Old Executive Office Building, Room 360 Washington, D.C. 20502

Dear Mr. Frampton:

This is to advise the Council on Environmental Quality that under Section 274 of the U.S. Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission has approved an Agreement with the State of Ohio. This Agreement transfers to the State the Commission's regulatory authority over byproduct material, source material and special nuclear materialin quantities not sufficient to form a critical mass. The Agreement became effective August 31,1999. Enclosed is a copy of the Agreement for your information.

Si erely,

(

(\\ h./p'h U

Paul H. Lohaus, Director Office of State Programs

Enclosure:

As stated

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F:dertl Register /Vcl. 64. No.174 / Thursday. Septzmber 9.1999/ Notices 49029 provide references to those specific Board that the petition and/or request The draft Agreement was published in sources and documents of which the should be granted based upon a the Federal Register for comment once petitioner is aware and on which the balancing of the factors specified in 10 a week for four consecutive weeks (see, petitioner intends to rely to establish CFR 2.714(a)(1)(1)-(v) and 2.714(d).

e.g. 64 FR 12187. March 11.1999) as

' those facts or expert opinion. Petitioner For further details wf th respect to this - required by the Act. The public must provide sufficient information to action see the application for comment period ended on April 12.

show that a genuine dispute exists with amendment dated July 20.1999, which 1999. A total of 25 comment letters were the applicant on a materialissue oflaw is available for public inspection at the received and were considered by the or fact. Contentions shall be limited to -

Commission's Public Document Room.

NRC staff. After considering the matters within the scope of the.

the Gelman Building. 2120 L Street, comments, the request for an Agreement cmendment under consideration.The NW. Washington DC, and at the local by the Govemor of Ohio, the supporting contention must be one which if public document roomlocated at the documentation submitted with the proven, would entitle the petitioner to White Plains Public Library,100 request for an Agreement, and its relief. A petitioner who falls to file such Martire Avenue. White Plains.New interactions with the staff of the Ohio a supplement which satisfies these York 10601.

Department of Health. Bureau of mquirements with respect to at least om Dated at Rockville. Maryland.this 2nd day Radiological Health, the NRC staff etntention will not be permitted to of September 1999.

completed an assessment of the Ohio participate as a pany.

For 1he Nuclear Regulatory Commission.

Program. Based on the staff s Those permitted to intervene become

==aa== ment, the Commission determined Mh its ions n the ord grant n le v to

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hh opro a f

tro

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int:rvene, and have the opportunity to Division ofLicensfrg Project Management.

radiation hazards is adequate to protect j

participate fully in the conduct of the Office ofNuclear Reector Reguladon.

public health and safety and compatible

)

nearing. Including the opportunity to (FR Doc. 99-23409 Filed 9-8-99; 8:45 am) with the Cornmission's program. NRC 1

present evidence and cross-examine will retainjurisdiction over 19 materials witmsses.

licensees including certain Federal If a hearing is requested, the facilities and exempt distribution. In Commission will make a final NUCLEAR REGULATORY addition. NRC will retainjurisdiction d; termination on the issue of no COMMISSION over the gaseous diffusion plant in

' S36nificane hazards consideration The Portsmouth. Ohio and two nuclear fin:1 determination will serve to decide State of Ohio: Discontinuance of power plants near Toledo and when the hearing is held.

Certain Commisalon Regulatory Painesville If nal deten ti s that the Authority Within the State Copies of the comment analysis by the significant hazards consideration, the AGENCY: Nuclear Regulatory NRC staff, th,e staff assessment, and the Ccmmission may issue the amendment Commission.

Commission s decision may be viewed End make it immediately effective.

ACTION: Notice of agreement with the at the NRC website. http:Nwww.nre. gov.

n:twithstanding the request for a State of Ohio.

To view the documents, click on the heiring. Any hearing held would take

" News and Information icon. then place after issuance of the amendment,

SUMMARY

On August 11.1999 GretaJ.

select " Staff Papers" under the If the final determination is that the Dieus Chairman of the U.S. Nuclear

" Commission" heading. The documents tmendment request involves a Regulatory Commission (NRC) and on are contained in the Commission paper significant hazards consideration any August 18.1999 Governor Bob Taft of numbered SECY-99-179.

hearing held would take place before the State of Ohio signed an Agreernent An Agreement Between the United

, the issuance of any amendment.-

as authorized by section 274b of the States Nuclear Regulatory Commission A request for a hearing or a petition Atomic Energy Act.The Agreement and the State of Ohio for the f:r leave to intervene must be filed with Provides for the Commission to Discontinuance of Certain Commission the Secretary of the Commission. U.S.

discontinue its regulatory authority over Regulatory Authorary and Kesponsibility

- Nuclear Regu! story Commission, source, byproduct and special nuclear Within the State Pursuant to Section Washington. DC 20555-0001. Attention: materials (in quantities not sufficient to Rulemakings and Adjudications Staff, or form a critical mass) in the State of 274 of the Atomic Energy Act of 1954' as Amended may be delivered to the Comrnission's Ohio, and for Ohio to assume the Public Document Room, the Gelman regulatory authority.

Whereas.The United States Nuclear Building. 2120 L Street.NW Under the Agreernent, a person in Regulatory Commission (hereinafter o

Washington, DC. by the above date. A Ohio possessing these materialsis referred to as the Commission)is copy of the petition should also be sent exmPt from certain Commission authorized under'Section 274 of the is the Office of the General Counsel, regulations. The exemptions have been Atomic Energy Act of 1954, as amentled U.S. Nuclear Regulatory Commission.

Previously published in the Federal (hereinafter referred to as the Act), to Washington DC 20555-0001, and to Register and are codifiedin the enter into agreements with the Governor Brent L. Brandenburg. Esq. 4 Irving Commission's regulations as 10 CFR of any State providing for Place. New York.10003, attorney for the Part 150.The Agreement is published discontinuance of the regulatory licensee.

here as required by section 274e of the authority of the Commission within the Nontimely filings of petitlans for Act.

State under Chapters 6. 7. and 8. and leave to intervene, amended petitions, FOR PURTHER INFORMATION CONTACT:

Section 161 of the Act with respect to supplemental petitions and/or requests Richard L. Blanton, Office of State byproduct materials as defined in for hearing will not be entertained Programs. U.S. Nuclear Regulatory Sections Ile.(1) and (2) of the Act.

absent a determination by the Commission. Washington.DC 20555-source materials, and special nuclear Commission, the presiding officer or the 000). Telephone (301) 415-2322 or e-materials in quantitles not sufficient to i

presiding Atomic Safety and Licensing mail RLBeNRC. GOV.

form a critical mass; and.

49030 Federtl R gister/Vcl. 64. No.174/ Thursday. September 9.1999/ Notices Whereas.The Governor of the State of F. The evaluation of radiation safety requirements for such materials and its Ohin is authorized under Chapter 3748. Information on sealed sources or disposalsite:

cf the Ohio Revised Code to enterinto devices containing byproduct, source, or

b. The authority to require that prior this Agreement with the Commission; special nuclear materials and the to termination of any license for such

and, registration of the sealed sources or byproduct material or for any activity Whereas.The Govemor of the State of devices for distribution, as provided for that results in the production of such Ohl3 certified on June 22.1998, that the in regulations or orders of the material, title to such byproduct St:te of Ohio (hereinafter uferred to as Commission.

material and its disposal site be the State) has a program for the conttw Article B transferred to the United States or the 3'*

Pt dthe (provided

the Ith an saf ty o 11 A.This Agreement does not provide

,ch nis

,gt to protect the environment with sospect for discontinuance of any authority and

• euon d se llW*-

13 the materials within the State covemd the Commission shall retain authority by this Agreement, and that the State -

and responsibility with respect to:

c.The authority to permit use of the desires to assume regulatory 1.The regulation of the construction surface or subsurface estates, or both, of responsibility for such materials; and, and operation of any production or

. the land transferred to the United States Whereas.The Commission found on Jtilization facility or any uranium or a State pursuant to paragraph 2.b. In 1 August 4.1999 that the program of the enrichment facility; this section in a manner consistent with Stat 2 for the regulation of the materials 2.The regulation of the export from the provisions of the Uranium Mill covered by this Agreement is.

or import into the United States of Tailings Radiation Control Act of 1978.

compatible with the Commission's byproduct, source ors tal nuclear Provided that the Commission pr: gram for the regulation of such material, or of any p uction or determines that such use would not materials and is adequate to protect utilization facility; endanger public health, safety, welfare, public health and safety; and.

3.The regulation of the disposalinto or the environment; Whereas,The State and the the ocean or sea of byproduct. source. or

d. The authority to require, in the case Commission recognize the desirability special nuclear waste materials as of a license (if any) for any activity that and importance of cooperation between defined in the ugulations or orders of produces such byproduct material the Commission and the State in the the Commission;

' (which license was in effect on f:rmulation of standards for protection 4.The regulation of the disposal of November 8.1981), transfer of land and against hazards of radiation and in such other byproduct source, or special material pursuant to paragraph 2.b. in assuring that State and Commission nuclear material as the Commission this section, taking into consideration pregrams for protection against hazards from time to time determines by the statur of such material and land and cf radiation will be coordinated and regulation or order should becaus.e of interests therein, and the ability ef the com ble; and.

the hazards or potential hazards thereof. licensee to transfer title and custody i

W as. The Commission and the not be so disposed without a license thereof to the United States or the State:

State recognize the desirability of from the Commission.

e. De auswity to aquin the reciprocal recognition oflicenses, and of B. Notwithstanding this Agreement, Secutary of the Department of Energy.

the granting of limited exemptions from the Commission retains the following omu Fedwal agg, w State, lic:nsing of those materials subject to authorities pertaining to byproduct this Agreement;and-material as defined in Section lle.(2) of whichever has custody of such byproduct material and its disposal site, Whereas.This Agreement is entered the Atomic Energy Act, t undertake such monitoring.

into pursuant to the provisions of the

1. Prior to the termination of a State maintenance, and emergency measures Atomic Energy Act of 1954, as amended; license for such byproduct material

• or a5 are Decessary to Protect public health

.N:w Therefore. it is hereby agmed for any activity that results in the and safety, and other actions as the between the Commission and the h mate a Commission deems necessary;and Governor of the State of Ohio, acting on on t

behalf of the State, as follows:

determination that allapplicable f.The authority to enter into Article 1 standards and requirements pertaining arrangements as may be appropriate to to such materialhave been met assure Federal long-term surveillance or 2.The Commission reserves the maintenance of such reduct material A tic III' d on shall disco'ntinue, as nf the effective authort to establish minimum and its disposalsite on d held in standar s goveming reclamation,long.

trust by the United States for any Indian term surveillance or maintenance, and Tribe orland owned by anIndian Tribe cu ori of o

is oni tate nde Cha 67 nd 8 and Secti " ownership of such byproduct material and subject to a restriction against 61hthe et with' respect to the.

and ofland used as a disposalsite for alienation imposed by the United States.

such material.

Article!!!

. f:llowing materials:

A. Byproduct materials as defined in Such reserved authorityincludes:

' Section lle.(1) of the Act;

a. The authority to establish terms and Notwithstandina this Agreement.the B. Byproduct materials as defined in conditions as the Commission Commission may from time to time by Section lle.(2) of the Act; determines necessary to assure that, rule, regulation, or order. require that C. Source materials; Prior to termination of any license for the manufacturer, processor, or D. Special nuclear materials in such byproduct material.or for any producer of any equipment, device.

quantities not sufficient to form a activity that results in the production of commodity, or other product containing critical mass;-

such material, the licensee shall comply source, byproduct, or special nuclear

~ E.The regulation of the land disposal with decontamination.

material shall not transfer possession or cf byproduct, source ors tal nuclear decommissioning. and reclamation control of such product except pursuant waste materials received other standards prescribed by the to a license or an exemption from persons; and.

Commission;and with ownership licensing issued by the Commission.

v -

Fsder:1 R:gister/ Vel. 64. Ns.174/ Thursday. September 9.1999/ Notices 49031 Article IV" pursuant to Section 274) of the Act.

For the State of Ohlo.

. his Agreement shall nc,: affect the temporarily suspend all or part of this Bob Taft, tuthority of the Commission under Agreement if. in thejudgement of the co.emer Subsection 161b or 1611of the Act to Commission, an ernergency situation Dated at Rockville. Maryland this 2nd day issue rules, regulations, or orders to exists requiring immediate action to

.of September,1999.

act public health and safety and the For the U.S. Nuclear Regulatory Commission.

ftate has failed to take necessary steps.

pr:tect the common defense and security to protect restricted data or to g, g, y, guard against the loss or diversion of The Commission shall periodically

- special nuclear material review actions taken by the State under Secretaryorshem this Agreement to ensure compliance (FR Doc. 99-23407 Filed 9-8-99; 8.45 am]

. ArticleV with Section 274 of the Act which amme cons sesow The Commission willcooperate with requires a State program to be adequate :

the State and other Agreernent States in to protect public health and safety with NUCLEAR REGULATORY the formulation of standards and

. respect to the materials covered by this COMMISSION regulatory programs of the State and the Agreement and to be compatible with Ccmmission for protection against the Commission's program.

Public Stakeholder Meeting hazards of radiation and to assure that Article Vill.

Concoming The Revialon of the Safety I Pec ogram for Nuclear Fuel rotoct n rad tion in thelicensing and lation of will be coordinated and compatible. The byproduct material as de ned in -

State agrees to cooperate with the Section lle.(2) of the Act or of any AogNcy: Nuclear Regulatory I

Commission and other Agreement States activity which results in production of Commission (NRC).

in the fonnulation of standards and such material. the State shall comply Action: Notice of meeting.

regulatory programs of the State and the with the provisions of Section 274o of Ccmmission for protection against the Act. lfin such licensing and

SUMMARY

NRC will host a public hazards of radiation and to assure that regulation, the State requires financial -

meeting in Rockville. Maryland to the State's program will continue to be surety arrangements for reclamation or Provide the public, those regulated by c:mpatible with the program of the long term surveillance and maintenance the NRC, and other stakeholders, with Ccmmission for the regulation of of such material.

information about and an opportunity to A.ne total amount of funds the State provide views on how NRC plans to mattrials covered by this Agreement.

The State and the Commission agree collects for such purposes shallbe revise its safety inspection program for transferred to the United States if nuclear fuel cycle facilities. Similar to to keep each other informed of proposed changes in their respective rules and custody of such material and its.

the revisions of the inspection and regulations and to provide each other.. disposal site is transferred to the United oversight program for commercial the opportunity for early and States upon termination of the State nuclear power plants. NRC has initiated substantive contribution to the proposed license for such material or any activity an effort to improve its programs for changes.

which results in the production of such nuclear fuel cycle facilities. This is The State and the Commission agree material. Such funds include, but are described in SECY-99-188 titled.

to keep each other informed of events, not limited to, sums collected for long.

EVALUAT10N AND PROPOSED i

tecidents, and licensee performance term surveillance or maintenance. Such REVISION OF THE NUCLEAR FUEL i

that may have teneric implication or funds do not, however, include monies CYCLE FACILITY SAFETY -

ctherwise be ofregulatory interest.-

beld as surety where no default has INSPECTION PROGRAM. SECY-99-188 occurred and the reclamation or other is availablein the Public Document Article VI bonded activity has been performed.

Room and on the NRC Web Page at The Commisslorm.d the State agree and http://www.nrc. gov /NRC/

that it is desirable to provide reciprocal B. Such Surety or other financial COMMISSION /SECYS/index.html.

recognition of licenses for the materials. requirements must be sufficient to

Purpose:

To explain the planned listed in Article I licensed by the other ensure compliance with those standards ~ vision of the fuel cycle safety party or by any other Agreement State, established by the Commission inspection program and obtain

. Accordingly, the Commission and the pertaining to bonds, suretles, and stakeholder's views. The baseline safety State agree to develop appropriate rules.- financial arrangements to ensure inspection program applies to nuclear J regulations, and procedures by which adequate reclamation and long-term fuel cycle facilities regulated under 10

' such reciprocity will be accorded management of such byproduct material CFR Parts 40,70 and 76. The facilities and its disposal site.

currently include gaseous diffusion

- Artick VII -

Plants. highly enriched uranium fuel Artick DC The Commission uponits own fabrication facilities, low enriched

- initiative after reasonable notice and his Agreement shallbecome uranium fuel fabrication facilities, and a cpportunity for hearing to the State, or effective on August 31,1999, and shall uranium hexafluoride (UF*) production

. upon request of the Governor of the remain in effect unless and until such facility. These facilities possess large State, may terminate or suspend all or time as it is terminated pursuant to quantitles of materials that are Article VIL potentially hazardous (i.e., radioactive,

part of this Agreement and reassert the licesing and regulatory authority Done at Rockville. Maryland. in trip!!cate, toxic, and/or flammable) to the workers.

vestid in it under the Act if the this ilth day of August.1999.

public, or environment. In revising the C:mmission finds that (1)such For the United States Nuclear Regulatory inspection program, the goals are to termination or suspension is required to Commission.

have an inspection program that: (1) prtteet public health and safety, or (2)

CretaJoyDicus.

Provides earlier and more objective the State has not complied with one or - Oneirman.

indications of seceptable and changing more of the requirements of Section 274 Done at Columbus. Ohio, in triplicate, this safety performance. (2) increases of the Act.The Commission may also.

ISth day of August.1999.

stakeholder confidence in the NRC, and

_-