AGREEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY COMMISSION 

AND 

THE STATE OF NEW JERSEY 

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 (the 

Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, 

as amended, 42 U.S.C. §2011 et seq. (hereinafter referred to as the Act), to enter 

into Agreements with the Governor of any State/Commonwealth providing for 

discontinuance of the regulatory authority of the Commission within the 

State/Commonwealth under Chapters 6, 7, and 8, and Section 161 of the Act with 

respect to byproduct materials as defined in Sections 11e.(1), (2), (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 New Jersey is authorized under 

The Radiation Protection Act, N.J.S.A. 26:2D-1, to enter into this Agreement with 

the Commission; and, 

WHEREAS, The Governor of the State of New Jersey certified on 

October 16, 2008, that the State of New Jersey (the State) has a program for the 

control of radiation hazards adequate to protect 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 September 2, 2009, 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 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 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 the State 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 materials as defined in Section 11e.(1) of the Act; 

2. Byproduct materials as defined in Section 11e.(3) of the Act; 

3. Byproduct materials as defined in Section 11e.(4) of the Act; 

4. Source materials; 

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

mass; and 

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

nuclear waste materials received from other persons. 

ARTICLE II 

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, or of any production or 

utilization facility; 

3. The regulation of the disposal into the ocean or sea of byproduct, 
source, or special nuclear materials waste as defined in the regulations 

or orders of the Commission; 

4. The regulation of the disposal of such other byproduct, source, or 

special nuclear materials waste as the Commission from time to time 

determines by regulation or order should, because of the hazards or 

potential hazards thereof, not be disposed without a license from the 

Commission; 

5. 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; 

6. The regulation of byproduct material as defined in Section 11e.(2) of 

the Act. 

ARTICLE III 

With the exception of those activities identified in Article II.1 through 4, 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, 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 from 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 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 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 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 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 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 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 judgment 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 IX 

This Agreement shall become effective on September 30, 2009, and shall remain 

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

Done at Rockville, Maryland, in triplicate, this _8th_ day of September, 2009. 

FOR THE UNITED STATES NUCLEAR 

REGULATORY COMMISSION 

 /RA/ 

Gregory B. Jaczko, Chairman. 

Done at Trenton, New Jersey, in triplicate, this 23rd day of September, 2009. 

FOR THE STATE OF NEW JERSEY 

 /RA/ 

Jon S. Corzine, Governor.