AGREEMENT

BETWEEN THE

UNITED STATES NUCLEAR REGULATORY COMMISSION

AND THE STATE OF OHIO

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 11e.(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 Ohio is authorized under Chapter 

3748, of the Ohio Revised Code to enter into this Agreement with the Commission; 

and 

WHEREAS, The Governor of the State of Ohio certified on June 22, 1998, 

that the State of Ohio (hereinafter referred to as the State) has a program for the 

control of radiation hazards adequate to protect the health and safety of the public 

and to protect the environment 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 

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WHEREAS, The Commission found on August 4, 1999, that the program of 

the State 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 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 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 

Atomic Energy Act of 1954, as amended; 

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

Governor of the State of Ohio, acting in behalf of the State, as follows: 

ARTICLE I 

Subject to the exceptions provided in Articles II, III, and IV, 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 11e.(1) of the Act; 

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b. Byproduct materials as defined in Section 11e.(2) of the Act; 

c. Source materials; 

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

mass. 

e. The regulation of the land disposal of byproduct, source, or special 

nuclear waste materials received from other persons, and, 

f. The evaluation of radiation safety information on sealed sources or 

devices containing byproduct, source, or special nuclear materials and 

the registration of the sealed sources or devices for distribution, as 

provided for in regulations or orders of the Commission. 

ARTICLE II 

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

Commission shall retain authority and responsibility with respect to: 

1. The regulation of the construction and operation of any production or 

utilization facility or any uranium enrichment facility; 

2. The regulation of the export from or import into the United States of 

byproduct, source, or special nuclear material, of any production or 

utilization facility; 

3. The regulation of the disposal into the ocean or sea of byproduct, 

source, or special nuclear waste materials as defined in regulations or 

orders of the Commission; 

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4. The regulation of 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. 

B. Notwithstanding this Agreement, the Commission retains the following 

authorities pertaining to byproduct material as defined in Section 11 e.(2) of the 

Atomic Energy Act: 

1. Prior to the termination of a State license for such byproduct material, 

or for any activity that results in the production of such material, the 

Commission shall have made a determination that all applicable 

standards and requirements pertaining to such material have been met. 

2. The Commission reserves the authority to establish minimum standards 

governing reclamation, long-term surveillance or maintenance, and 

ownership of such byproduct material and of land used as a disposal 

site for such material. 

Such reserved authority includes: 

a. The authority to establish terms and conditions as the Commission 

determines necessary to assure that, prior to termination of any license 

for such byproduct material, or for any activity that results in the 

production of such material, the licensee shall comply with 

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decontamination, decommissioning, and reclamation standards 

prescribed by the Commission; and with ownership requirements for 

such materials and its disposal site; 

b. The authority to require that prior to termination of any license for such 

byproduct material or for any activity that results in the production of 

such material, title to such byproduct material and its disposal site be 

transferred to the United States or the State at the option of the State 

(provided such option is exercised prior to termination of the license); 

c. The authority to permit use of the surface or subsurface estates, or 

both, of the land transferred to the United States or a State pursuant to 

paragraph 2.b. in this section in a manner consistent with the provisions 

of the Uranium Mill Tailings Radiation Control Act of 1978, provided 

that the Commission determines that such use would not endanger 

public health, safety, welfare, or the environment; 

d. The authority to require, in the case of a license (if any) for any activity 

that produces such byproduct material (which license was in effect on 

November 8, 1981), transfer of land and material pursuant to paragraph 

2.b. in this section, taking into consideration the status of such material 

and land and interests therein, and the ability of the licensee to transfer 

title and custody thereof to the United States or the State; 

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e. The authority to require the Secretary of the Department of Energy, 

other Federal agency, or State, whichever has custody of such 

byproduct material and its disposal site, to undertake such monitoring, 

maintenance, and emergency measures as are necessary to protect 

public health and safety, and other actions as the Commission deems 

necessary; and 

f. The authority to enter into arrangements as may be appropriate to 

assure Federal long-term surveillance or maintenance of such 

byproduct material and its disposal site on land held in trust by the 

United States for any Indian Tribe or land owned by an Indian Tribe 

and subject to a restriction against alienation imposed by the United 

States. 

ARTICLE III 

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 IV

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

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common defense and security, to protect restricted data or to guard against the loss 

or diversion of special nuclear material. 

ARTICLE V 

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 State and 

Commission programs for protection against 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 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 VI 

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 

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to develop appropriate rules, regulations, and procedures by which such reciprocity 

will be accorded. 

ARTICLE VII 

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 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, 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 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 public health and safety with respect to the materials covered by 

this Agreement and to be compatible with the Commission's program. 

ARTICLE VIII 

In the licensing and regulation of byproduct material as defined in Section 11 

e.(2) of the Act, or of any activity which results in production of such material, the 

State shall comply with the provisions of Section 274o of the Act. If in such 

licensing and regulation, the State requires financial surety arrangements for 

reclamation or long-term surveillance and maintenance of such material, 

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A. The total amount of funds the State collects for such purposes shall be 

transferred to the United States if custody of such material and its disposal 

site is transferred to the United States upon termination of the State license 

for such material or any activity which results in the production of such 

material. Such funds include, but are not limited to, sums collected for 

long-term surveillance or maintenance. Such funds do not, however, include 

monies held as surety where no default has occurred and the reclamation or 

other bonded activity has been performed; and 

B. Such surety or other financial requirements must be sufficient to ensure 

compliance with those standards established by the Commission pertaining to 

bonds, sureties, and financial arrangements to ensure adequate reclamation 

and long-term management of such byproduct material and its disposal site. 

ARTICLE IX 

This Agreement shall become effective on August 31, 1999, and shall remain 

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

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