AGREEMENT

BETWEEN THE

UNITED STATES NUCLEAR REGULATORY COMMISSION

AND THE

STATE OF UTAH

FOR

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 (hereinafter referred to as the Act), to enter into 

agreements with the Governor of any 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 

lle.(1) and (2) 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 Utah is authorized under Utah 

Code Annotated 26-1-29 to enter into this Agreement with the Commission; and 

WHEREAS, The Governor of the State of Utah certified on November 14, 

1983, that the State of Utah (hereinafter referred to as 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 March 12, 1984, that the program of 

the State for the regulation of the materials covered by this Agreement is compatible 

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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 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 recognize the desirability of 

reciprocal recognition of licenses and exemptions from licensing of those materials 

subject to this Agreement; and 

WHEREAS, This Agreement is entered into pursuant to the provisions of the 

Atomic Energy Act of 1954, as amended; 

NOW, THEREFORE, It is hereby agreed between the Commission and the 

Governor of the State, acting in 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: 

A. Byproduct materials as defined in section lle.(1) of the Act; 

B. Source materials; and 

C. Special nuclear materials in quantities not sufficient to form a critical 

mass. 

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ARTICLE II 

This Agreement does not provide for discontinuance of any authority and the 

Commission shall retain authority and responsibility with respect to regulation of: 

A. The construction and operation of any production or utilization facility; 

B. The export from or import into the United States of byproduct, source, 

or special nuclear material, of any production or utilization facility; 

C. The disposal into the ocean or sea of byproduct, source, or special 

nuclear waste materials as defined in regulations or orders of the 

Commission; 

D. The disposal of such other byproduct, source, or special nuclear 

material as the Commission from time to time determines by regulation 

or order should, because of the hazards or potential hazards thereof, 

not be so disposed of without a license from the Commission; 

E. The land disposal of source, byproduct and special nuclear material 

received from other persons; and 

F. The extraction or concentration of source material from source material 

ore and the management and disposal of the resulting byproduct 

material. 

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ARTICLE III 

This Agreement may be amended, upon application by the State and approval 

by the Commission, to include the additional area(s) specified in Article II, 

paragraph E or F, whereby the State can exert regulatory control over the materials 

stated therein. 

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 161 b. or i. 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 use its best efforts to 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 State and Commission programs for protection against hazards of radiation will 

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be coordinated and compatible. The State will use its best efforts to cooperate with 

the Commission and other agreement States in the formulation of standards and 

regulatory program of the State and the Commission for protection against 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 like materials. The State 

and the Commission will use their best efforts to keep each other informed of 

proposed changes in their respective rules and regulations and licensing, inspection 

and enforcement policies and criteria, and to obtain the comments and assistance of 

the other party thereon. 

ARTICLE VII 

The Commission and the State agree that it is desirable to provide for 

reciprocal recognition of licenses for the materials listed in Article I licensed by the 

other party or by any Agreement State. Accordingly, the Commission and the State 

agree to use their best effort 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 State, or upon request of the Governor of the State, 

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. The Commission may also, pursuant to section 274j of the Act, 

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temporarily suspend all or part of this agreement if, in the judgement of the 

Commission, an emergency situation exists requiring immediate action to protect 

public health and safety and the State has failed to take necessary steps. The 

Commission shall periodically review this Agreement and actions taken by the State 

under this Agreement to ensure compliance with section 274 of the Act. 

ARTICLE IX 

This Agreement shall become effective on April 1, 1984, and shall remain in 

effect unless, and until such time as it is terminated pursuant to Article VIII. 

Done at Salt Lake City, in triplicate, this 29th day of March, 1984. 

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