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Agreement state news

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Section 274 of the Atomic Energy Act authorizes the Nuclear Regulatory Commission to enter into agreements with States whereby the Commission relinquishes, and the States assume, regulatory authority over byproduct, source, and special nuclear materials in quantities not capable of sustaining a chain reaction. Agreement States must maintain programs that are adequate to protect public health and safety and are compatible with the Commission's program for such materials. Currently, there are 33 Agreement States.

* Alabama

* Arizona

* Arkansas

* California

* Colorado

* Florida

* Georgia

* Illinois

* Iowa

* Kansas

* Kentucky

* Louisiana

* Maine

* Maryland

* Massachusetts

* Mississippi

* Nebraska

* Nevada

* New Hampshire

* New Mexico

* New York

* North Carolina

* North Dakota

* Ohio

* Oklahoma

* Oregon

* Rhode Island

* South Carolina

* Tennessee

* Texas

* Utah

* Washington

* Wisconsin

Agreement State news

February 27, 2007

NRC's proposed NMMSS rule - implications for Agreement States

NRC has issued a proposed rule (72 FR 5348) on Regulatory Improvements to the Nuclear Materials Management and Safeguards System (NMMSS). The changes are needed, NRC says, to improve the accuracy of the material inventory information maintained in the NMMSS. The proposed amendments lower the threshold of the quantities of SNM and certain source materials which trigger requirement that status reports be submitted to the NMMSS. Also, the amendments modify the types of and timing of submittals of transaction reports to the NMMSS. The amendments also require licensees to reconcile material inventory discrepancies which NRC may identify in the NMMSS database. The proposed amendments reduce some regulatory burden by reducing the current reporting requirements triggered by export of certain source material and SNM. However, annual reporting is new requirement for licensees possessing 350 grams, or less, of SNM.

This proposed rule does not require Agreement States to change their programs, because it deals with areas of exclusive NRC authority. In a letter to Agreement States, NRC notes that "Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform licensees of certain requirements..." The letter, dated February 22, 2007, is available as ADAMS ACN ML070540309.

NRC proposes changes to radioactive materials program review procedure

NRC's Office of Federal and State Materials and Environmental Management Programs (NRC/FSME) has proposed change to FSME procedure SA-104, "Reviewing the Common Performance Indicator, Technical Quality of Licensing Actions". NRC/FSME uses the procedure in reviewing the radioactive material programs of the various NRC Regional Offices and Agreement States. The procedure is being revised to reflect the recent NRC reorganization and to clearly define the rationale for performing judgemental samples when selecting licensing casework for evaluation. NRC sent a copy of the proposed changes to Agreement States and invited their comments. NRC's letter, dated February 22, 2007, is available as ADAMS ACN ML070540530.

IMPEP team member qualifications - NRC/FSME issues final version of procedure SA-111

NRC's Office of Federal and State Materials and Environmental Management Programs (FSME) has completed its revision of FSME Procedure SA-111, Implementation of Management Directive 5.10, "Formal Qualifications for IMPEP Team Members". The final procedure along with the redline/strikeout version of the procedure and the Resolution of Comments is available at http://www.hsrd.ornl.gov/nrc/procfrm.htm. This procedure incorporates and documents current practices and reflects comments from Agreement States and NRC Offices. NRC announced the new procedure in letter to Agreement States, dated February 22, 2007. The letter is available as ADAMS ACN ML070540536.

July 24, 2003

Pennsylvania intends to become an Agreement State

NRC has penciled in an expectation that the state's application will be submitted in November 2005. If the submittal is of high enough quality to avoid multiple rounds of NRC questions ("RAIs" - Requests for Additional Information), the application could be approved after nine months of NRC review process.

Minnesota intends to become an agreement state

Draft regulations and comments have been exchanged over the past year. The next big step is for the Governor to formally apply. NRC has asked the state when it expects to submit the formal application, noting that advance information will help ensure optimal manpower can be used in NRC's review.

July 17, 2003

* Wisconsin has been approved to become the newest Agreement State, effective August 11. Under the agreement, NRC will transfer to Wisconsin the responsibility for licensing, rulemaking, inspection and enforcement activities for: (1) radioactive materials produced as a result of processes related to the production or utilization of special nuclear material (SNM) ; (2) uranium and thorium source materials; and (3) SNM in quantities not sufficient to form a critical mass. In addition, NRC will transfer to WisconsinÕs jurisdiction 263 NRC licenses, most for medical and industrial uses of nuclear material. The NRC will retain jurisdiction over "about 10" (honest, that's how today's NRC press release put it) nuclear materials licenses and over regulation of nuclear reactors in Wisconsin. It also will continue to regulate Federal agencies that use certain nuclear material in the State.

July 11, 2003

* South Carolina agreement state program - 2003 IMPEP review draft

July 1, 2003

* North Dakota radiation control program - NRC IMPEP review draft (2003)

May 14, 2003

* New Hampshire agreement state program - 2003 IMPEP review (proposed final report)



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