State of Vermont: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the State of Vermont
| Citation | 84 FR 29811 |
| Record Number | 2019-13403 |
| Published date | 25 June 2019 |
| Section | Proposed rules |
| Court | Nuclear Regulatory Commission |
Federal Register, Volume 84 Issue 122 (Tuesday, June 25, 2019)
[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Proposed Rules]
[Pages 29811-29815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13403]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 /
Proposed Rules
[[Page 29811]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 150
[NRC-2019-0114]
State of Vermont: NRC Staff Assessment of a Proposed Agreement
Between the Nuclear Regulatory Commission and the State of Vermont
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed state agreement; request for comment.
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SUMMARY: By letter dated April 11, 2019, Governor Philip Scott of the
State of Vermont requested that the U.S. Nuclear Regulatory Commission
(NRC or Commission) enter into an Agreement with the State of Vermont
as authorized by Section 274b. of the Atomic Energy Act of 1954, as
amended (AEA).
Under the proposed Agreement, the Commission would discontinue, and
the State of Vermont would assume, regulatory authority over certain
types of byproduct materials as defined in the AEA, source material,
and special nuclear material in quantities not sufficient to form a
critical mass.
As required by Section 274e. of the AEA, the NRC is publishing the
proposed Agreement for public comment. The NRC is also publishing the
summary of a draft assessment by the NRC staff of the State of
Vermont's regulatory program. Comments are requested on the proposed
Agreement and its effect on public health and safety. Comments are also
requested on the draft staff assessment, the adequacy of the State of
Vermont's program, and the State's program staff, as discussed in this
document.
DATES: Submit comments by July 25, 2019. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to ensure consideration only for comments received before this
date.
ADDRESSES: You may submit comments by the following method:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0114. Address
questions about NRC dockets in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Duncan White, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-2598, email:
[email protected] of the U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2019-0114 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0114.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, at 301-415-4737, or by email to [email protected].
The final application for an AEA Section 274 Agreement from the State
of Vermont, the draft assessment of the proposed Vermont program, and
additional related correspondence between the NRC and the State for the
regulation of agreement materials are available in ADAMS under
Accession Nos. ML19107A432, ML19114A092, ML19115A214, ML19102A130 and
ML19113A279.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2019-0114 in your comment submission.
The NRC cautions you not to include identifying or contact information
that you do not want to be publicly disclosed in your comment
submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Additional Information on Agreements Entered Under Section 274 of
the AEA
Under the proposed Agreement, the NRC would discontinue its
authority over 36 licenses and would transfer its regulatory authority
over those licenses to the State of Vermont. The NRC periodically
reviews the performance of the Agreement States to assure compliance
with the provisions of Section 274.
Section 274e. of the AEA 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 document is being published
in fulfillment of that requirement.
III. Proposed Agreement With the State of Vermont
Background
(a) Section 274b. of the AEA provides the mechanism for a State to
assume regulatory authority from the NRC over certain radioactive
materials and activities that involve use of these
[[Page 29812]]
materials. The radioactive materials, sometimes referred to as
``Agreement materials,'' are byproduct materials as defined in Sections
11e.(1), 11e.(2), 11e.(3), and 11e.(4) of the AEA; source material as
defined in Section 11z. of the AEA; and special nuclear material as
defined in Section 11aa. of the AEA, restricted to quantities not
sufficient to form a critical mass.
The radioactive materials and activities (which together are
usually referred to as the ``categories of materials'') that the State
of Vermont requests authority over are:
1. The possession and use of byproduct material as defined in
Section 11e.(1) of the Act;
2. The possession and use of byproduct material as defined in
Section 11e.(3) of the Act;
3. The possession and use of byproduct material as defined in
Section 11e.(4) of the Act;
4. The possession and use of source material; and
5. The possession and use of special nuclear material, in
quantities not sufficient to form a critical mass.
(b) The proposed Agreement contains articles that:
(i) Specify the materials and activities over which authority is
transferred;
(ii) Specify the materials and activities over which the Commission
will retain regulatory authority;
(iii) Continue the authority of the Commission to safeguard special
nuclear material, protect restricted data, and protect common defense
and security;
(iv) Commit the State of Vermont and the NRC to exchange
information as necessary to maintain coordinated and compatible
programs;
(v) Provide for the reciprocal recognition of licenses;
(vi) Provide for the suspension or termination of the Agreement;
and
(vii) 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 proposed 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
Vermont.
(c) The regulatory program is authorized by law under the Vermont
Statutes Annotated (VT. STAT. ANN.) title 18, sections 1651 through
1657, which provides the Governor with the authority to enter into an
Agreement with the Commission. The State of Vermont law contains
provisions for the orderly transfer of regulatory authority over
affected licenses from the NRC to the State. In a letter dated April
11, 2019, Governor Scott certified that the State of Vermont has a
program for the control of radiation hazards that is adequate to
protect public health and safety within the State of Vermont for the
materials and activities specified in the proposed Agreement, and that
the State desires to assume regulatory responsibility for these
materials and activities (ADAMS Accession No. ML19116A227). After the
effective date of the Agreement, licenses issued by the NRC would
continue in effect as State of Vermont licenses until the licenses
expire or are replaced by State-issued licenses.
(d) The draft staff assessment finds that the Vermont Department of
Health's Radioactive Materials Program is adequate to protect public
health and safety and is compatible with the NRC's regulatory program
for the regulation of Agreement materials. However, the NRC staff
identified several sections of the Vermont Radioactive Materials
regulations that were either not compatible or needed additional
editorial changes. By letter dated May 10, 2019, the NRC staff
described these compatibility and editorial issues, and requested that
the Vermont Department of Health reply within 60 days with a commitment
to make the described regulatory changes as soon as practicable (ADAMS
Accession No. ML19102A160). The resolution of these comments does not
interfere with the NRC staff's processing of Vermont's Agreement State
Application. On June 6, 2019, the NRC received a letter from the
Vermont Department of Health committing to making these compatibility
and editorial changes (ADAMS Accession No. ML19161A133). Therefore, the
State of Vermont has committed to adopting 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.
Summary of the Draft NRC Staff Assessment of the State of Vermont's
Program for the Regulation of Agreement Materials
The NRC staff has examined the State of Vermont's request for an
Agreement with respect to the ability of the State's 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) (Policy Statement), and the
Office of Nuclear Material Safety and Safeguards Procedure SA[dash]700,
``Processing an Agreement'' (available at https://scp.nrc.gov/procedures/sa700.pdf and https://scp.nrc.gov/procedures/sa700_hb.pdf).
The Policy Statement has 28 criteria that serve as the basis for the
NRC staff's assessment of the State of Vermont's request for an
Agreement. The following section will reference the appropriate
criteria numbers from the Policy Statement that apply to each section.
(a) Organization and Personnel. The NRC staff reviewed these areas
under Criteria 1, 2, 20, and 24 in the draft staff assessment. The
State of Vermont's proposed Agreement materials program for the
regulation of radioactive materials is called the ``Radioactive
Materials Program,'' and will be located within the existing Office of
Radiological Health of the Vermont Department of Health.
The educational requirements for the Radioactive Materials Program
staff are specified in the State of Vermont'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 a Master's Degree in either environmental science or
radiologic and imaging sciences. All have training and work experience
in radiation protection. Supervisory level staff have at least 20 years
of working experience in radiation protection.
The State of Vermont performed an analysis of the expected workload
under the proposed Agreement. Based on the NRC staff review of the
State of Vermont's analysis, the State has an adequate number of staff
to regulate radioactive materials under the terms of the proposed
Agreement. The State of Vermont will employ the equivalent of 1.25
full-time equivalent professional and technical staff to support the
Radioactive Materials Program.
The State of Vermont has indicated that the Radioactive Materials
Program has an adequate number of trained and qualified staff in place.
The State of Vermont has developed qualification procedures for license
reviewers and inspectors that are similar to the NRC's procedures. The
Radioactive Materials Program staff has accompanied the NRC staff on
inspections of NRC licensees in Vermont and participated in licensing
training at NRC's Region I with Division of Nuclear Materials Safety
staff. The
[[Page 29813]]
Radioactive Materials Program staff is also actively supplementing its
experience through direct meetings, discussions, and facility visits
with the NRC licensees in the State of Vermont and through self-study,
in-house training, and formal training.
Overall, the NRC staff concluded that the Radioactive Materials
Program staff identified by the State of Vermont 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. The NRC staff reviewed these areas
under Criteria 1-15, 17, 19, and 21-28 in the draft staff assessment.
The Vermont Statutes Annotated, VT. STAT. ANN. tit. 18, sections 1651
through 1657 provide the authority to enter into the Agreement and
establish the Vermont Department of Health as the lead agency for the
State's Radioactive Materials Program. The Department has the requisite
authority to promulgate regulations under the Vermont Statutes
Annotated, VT. STAT. ANN. tit. 18, section 1653(b)(1) for protection
against radiation. The Vermont Statutes Annotated, VT. STAT. ANN. tit.
18, sections 1651 through 1657 also provide the Radioactive Materials
Program the authority to issue licenses and orders; conduct
inspections; and enforce compliance with regulations, license
conditions, and orders. The Vermont Statutes Annotated, VT. STAT. ANN.
tit. 18, section 1654 requires licensees to provide access to
inspectors.
The NRC staff verified that the State of Vermont adopted by
reference the relevant NRC regulations in parts 19, 20, 30, 31, 32, 33,
34, 35, 36, 37, 39, 40, 61, 70, 71, and 150 of title 10 of the Code of
Federal Regulations (10 CFR) into the Vermont Radioactive Materials
Rule, Chapter 6, Subchapter 5. During its review, the NRC staff
identified several sections of the final Vermont Radioactive Materials
regulations that are not compatible or need editorial changes. By
letter dated May 10, 2019, the NRC staff described these compatibility
and editorial issues, and requested that the Vermont Department of
Health reply within 60 days with a commitment to make the described
regulatory changes as soon as practicable. The resolution of these
comments does not interfere with the NRC staff's processing of
Vermont's Agreement State Application. On June 6, 2019, the NRC staff
received a letter from the Vermont Department of Health committing to
making these compatibility and editorial changes. Therefore, the State
of Vermont has committed to adopting an adequate and compatible set of
radiation protection regulations that apply to byproduct materials,
source material and special nuclear material in quantities not
sufficient to form a critical mass. The NRC staff also verified that
the State of Vermont will not attempt to enforce regulatory matters
reserved to the Commission.
(c) Storage and Disposal. The NRC staff reviewed these areas under
Criteria 8, 9a, and 11 in the draft staff assessment. The State of
Vermont has adopted NRC compatible requirements for the handling and
storage of radioactive material, including regulations equivalent to
the applicable standards contained in 10 CFR part 20, which address the
general requirements for waste disposal, and part 61, which addresses
waste classification and form. These regulations are applicable to all
licensees covered under this proposed Agreement.
(d) Transportation of Radioactive Material. The NRC staff reviewed
this area under Criteria 10 in the draft staff assessment. The State of
Vermont 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.
(e) Recordkeeping and Incident Reporting. The NRC staff reviewed
this area under Criteria 1 and 11 in the draft staff assessment. The
State of Vermont has adopted compatible regulations to the sections of
the NRC regulations that specify requirements for licensees to keep
records and to report incidents or accidents involving the State's
regulated Agreement materials.
(f) Evaluation of License Applications. The NRC staff reviewed this
area under Criteria 1, 7, 8, 9a, 13, 14, 15, 20, 23, and 25 in the
draft staff assessment. The State of Vermont has adopted compatible
regulations to the NRC regulations that specify the requirements to
obtain a license to possess or use radioactive materials. The State of
Vermont has also developed licensing procedures and adopted NRC
licensing guides for specific uses of radioactive material for use by
the program staff when evaluating license applications.
(g) Inspections and Enforcement. The NRC staff reviewed these areas
under Criteria 1, 16, 18, 19, and 23 in the draft staff assessment. The
State of Vermont 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 State of Vermont's Radioactive Materials
Program has adopted procedures for the conduct of inspections,
reporting of inspection findings, and reporting inspection results to
the licensees. Additionally, the State of Vermont has also adopted
procedures for the enforcement of regulatory requirements.
(h) Regulatory Administration. The NRC staff reviewed this area
under Criterion 23 in the draft staff assessment. The State of Vermont
is bound by requirements specified in its State law for rulemaking,
issuing licenses, and taking enforcement actions. The State of Vermont
has also adopted administrative procedures to assure fair and impartial
treatment of license applicants. The State of Vermont law prescribes
standards of ethical conduct for State employees.
(i) Cooperation with Other Agencies. The NRC staff reviewed this
area under Criteria 25, 26, and 27 in the draft staff assessment. The
State of Vermont law provides for the recognition of existing NRC and
Agreement State licenses and the State has a process in place for the
transition of active NRC licenses. Upon the effective date of the
Agreement, all active NRC radioactive materials licenses issued to
facilities in the State of Vermont will be recognized as Vermont
Department of Health licenses.
The State of Vermont 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 State of Vermont regulations, in Vermont Radioactive Materials
Rule Chapter 6, Subchapter 5, provide exemptions from the State's
requirements for the NRC and the U.S. Department of Energy contractors
or subcontractors; the exemptions must be authorized by law and
determined not to endanger life or property and to otherwise be in the
public interest. The proposed Agreement commits the State of Vermont 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 State's
program will continue to be compatible with the Commission's program
for the regulation of Agreement materials. The
[[Page 29814]]
proposed Agreement specifies the desirability of reciprocal recognition
of licenses, and commits the Commission and the State of Vermont to use
their best efforts to accord such reciprocity. The State of Vermont
would be able to recognize the licenses of other jurisdictions by
general license.
Staff Conclusion
Section 274d. of the AEA provides that the Commission shall enter
into an Agreement under Section 274b. with any State if:
(a) The Governor of that State certifies that the State has a
program for the control of radiation hazards adequate to protect the
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 Commission's program for regulation of such
materials, and that the State program is adequate to protect the public
health and safety with respect to the materials covered by the proposed
Agreement.
The NRC staff has reviewed the proposed Agreement, the
certification of Vermont Governor Scott, and the supporting information
provided by the Radioactive Materials Program of the Vermont Department
of Health. Based upon this review, the NRC staff concludes that the
State of Vermont Radioactive Materials Program satisfies the Section
274d. criteria as well as 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.'' The NRC staff also concludes that the proposed State of
Vermont program to regulate Agreement materials, as comprised of
statutes, regulations, procedures, and staffing, is compatible with the
Commission's program and is adequate to protect the public health and
safety with respect to the materials covered by the proposed Agreement.
Therefore, the proposed Agreement meets the requirements of Section 274
of the AEA.
Dated at Rockville, Maryland, this 19th day of June, 2019.
For the Nuclear Regulatory Commission.
Andrea L. Kock,
Director, Division of Materials Safety, Security, State, and Tribal
Programs, Office of Nuclear Material Safety and Safeguards.
Note: The following appendix will not appear in the Code of Federal
Regulations.
APPENDIX A
AN AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION
AND THE STATE OF VERMONT 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, 42 U.S.C.
Section 2011 et seq. (hereinafter referred to as ``the Act''), to enter
into agreements with the Governor of the State of Vermont (hereinafter
referred to as ``the 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), (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 State of Vermont is authorized under
VT. STAT. ANN. tit. 18, Sec. 1653 to enter into this Agreement with
the Commission; and,
WHEREAS, The Governor of the State of Vermont certified on April
11, 2019, that the State has a program for the control of radiation
hazards adequate to protect the 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 of Vermont 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 the public
health and safety; and,
WHEREAS, The State of Vermont 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 of Vermont 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 Vermont acting on 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:
1. Byproduct material as defined in Section 11e.(1) of the Act;
2. Byproduct material 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 the discontinuance of any
authority, and the Commission shall retain authority and
responsibility, with respect to:
A. The regulation of byproduct material as defined in Section
11e.(2) of the Act;
B. The regulation of the land disposal of byproduct, source, or
special nuclear material received from other persons;
C. The evaluation of radiation safety information on sealed sources
or devices containing byproduct, source, or special nuclear material
and the registration of the sealed sources or devices for distribution,
as provided for in regulations or orders of the Commission;
D. The regulation of the construction, operation, and
decommissioning of any production or utilization facility or any
uranium enrichment facility;
E. 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;
F. The regulation of the disposal into the ocean or sea of
byproduct, source, or
[[Page 29815]]
special nuclear material waste as defined in regulations or orders of
the Commission;
G. The regulation of the disposal of such other byproduct, source,
or special nuclear material as the Commission determines by regulation
or order should, because of the hazards or potential hazards thereof,
not be so disposed without a license from the Commission; and
H. The regulation of activities not exempt from Commission
regulation as stated in 10 CFR part 150.
ARTICLE III
With the exception of those activities identified in Article II,
paragraphs D. through H., 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 A. through C., 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 material shall
not transfer possession or control of such product except pursuant to a
license or an exemption for 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 promote 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 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
the 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 the 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 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
Vermont, 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 the public health and safety, or (2) the State has
not complied with one or more of the requirements of Section 274 of the
Act.
Pursuant to Section 274j. of the Act, the Commission may, after
notifying the Governor, temporarily suspend all or part of this
Agreement without notice or hearing if, in the judgment of the
Commission, an emergency situation exists with respect to any material
covered by this agreement creating danger which requires immediate
action to protect the health or safety of persons either within or
outside of the State and the State has failed to take steps necessary
to contain or eliminate the cause of danger within a reasonable time
after the situation arose. 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 the 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 [location] this [date] day of [month], 2019.
For the Nuclear Regulatory Commission.
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Kristine L. Svinicki, Chairman
Done at [location] this [date] day of [month], 2019.
For the State of Vermont.
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Philip B. Scott, Governor
[FR Doc. 2019-13403 Filed 6-24-19; 8:45 am]
BILLING CODE 7590-01-P
