800 United States Nuclear Regulatory Commission and the Commonwealth; notice of agreement

United States Nuclear Regulatory Commission and the Commonwealth; Notice of Agreement

[38 Pa.B. 2017]
[Saturday, April 26, 2008]

   Effective March 31, 2008, the Commonwealth entered into an Agreement with the United States Nuclear Regulatory Commission (NRC) to assume regulatory authority over certain radioactive materials in the Commonwealth. Under the Agreement, as authorized by the Federal Atomic Energy Act of 1954 and State Radiation Protection Act of 1984 (35 P. S. §§ 7110.101--7110.703), the NRC transfered to the Commonwealth the responsibility for licensing, rulemaking, inspection and enforcement activities for: (1) radioactive byproduct materials produced as a result of processes related to the production or utilization of special nuclear material (SNM); (2) uranium and thorium source materials; (3) SNM in quantities not sufficient to form a critical mass; and (4) accelerator-produced or other radioactive materials under NRC jurisdiction as provided by the Energy Policy Act of 2005.

   Approximately 700 licenses, mostly for medical and industrial uses of radioactive material, were transferred to the Commonwealth's jurisdiction under the Agreement. The Department of Environmental Protection (Department), Bureau of Radiation Protection is the lead program administrator for the Commonwealth under the Agreement. The NRC will retain jurisdiction over regulation of commercial nuclear power reactors, uranium enrichment facilities, research reactors, uranium mill tailings, import or export of radioactive material, licensing for ocean disposal of low-level radioactive waste and Federal facilities using radioactive materials in the State. In addition, NRC will retain authority for the review, evaluation and approval of certain sealed sources and devices containing radioactive materials manufactured in the State and distributed throughout the country.

   In response to the Commonwealth's application for Agreement Status, the NRC reviewed the Commonwealth's radiation control program to ensure it was adequate to protect public health and safety and was compatible with the NRC's program for regulating the radioactive materials covered in the Agreement. A notice announcing the NRC's proposed Agreement with the Commonwealth was published for public comment in the Federal Register on June 18, 2007 (72 FR 33541), June 25, 2007 (72 FR 34728), July 2, 2007 (72 FR 36069) and July 9, 2007 (72 FR 37268). During the public comment period, which concluded on July 18, 2007, the NRC received input from two individuals on the proposal; however, the comments did not contain any new information to change the NRC's analysis of the integrity and adequacy of the Commonwealth's radiation control program.

   For further information concerning the Agreement, visit the Department's web site at www.depweb.state.pa.us (DEP Keyword: Radiation Protection) or contact Ben Seiber, Bureau of Radiation Protection at [phone], [e-mail].

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 08-800. Filed for public inspection April 25, 2008, 9:00 a.m.]