AGREEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY COMMISSION 

AND 

THE COMMONWEALTH OF VIRGINIA FOR THE 

DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY 

AUTHORITY 

AND 

RESPONSIBILITY WITHIN THE COMMONWEALTH 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, 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), 11e.(2), 11e.(3), and 11e.(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 Commonwealth of Virginia is authorized 

under the Code of Virginia, Section 32.1-235, to enter into this Agreement with 

the Commission; and, 

WHEREAS, The Governor of the Commonwealth of Virginia certified on 

June 12, 2008, that the Commonwealth of Virginia (hereinafter referred to as the 

Commonwealth) has a program for the control of radiation hazards adequate to 

protect public health and safety with respect to the materials within the
 Commonwealth covered by this Agreement, and that the Commonwealth 

desires to assume regulatory responsibility for such materials; and, 

WHEREAS, The Commission found on February 27, 2009, that the 

program of the Commonwealth 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 Commonwealth and the Commission recognize the 

desirability and importance of cooperation between the Commission and the 

Commonwealth in the formulation of standards for protection against hazards of 

radiation and in assuring that Commonwealth and Commission programs for 

protection against hazards of radiation will be coordinated and compatible; and, 

WHEREAS, The Commission and the Commonwealth 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 Commonwealth acting on behalf of the Commonwealth 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 Commonwealth 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; and 

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

mass; 

ARTICLE II 

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

Commission shall retain authority and responsibility with respect to the 

following: 

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 materials as defined in Section 11e.(2) of 

the Act; 

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

nuclear material waste received from other persons. 

ARTICLE III 

With the exception of those activities identified in Articles II, paragraphs 1 

through 4, this Agreement may be amended, upon application by the 

Commonwealth and approval by the Commission, to include one or more of the 

additional activities specified in Article II, whereby the Commonwealth 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 Section 

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 Commonwealth and other Agreement 

States in the formulation of standards and regulatory programs of the 

Commonwealth and the Commission for protection against hazards of radiation 

and to assure that Commission and Commonwealth programs for protection 

against hazards of radiation will be coordinated and compatible. The 

Commonwealth agrees to cooperate with the Commission and other Agreement 

States in the formulation of standards and regulatory programs of the 

Commonwealth and the Commission for protection against hazards of radiation 

and to assure that the Commonwealth's program will continue to be compatible 

with the program of the Commission for the regulation of materials covered by 

this Agreement. 

The Commonwealth 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 Commonwealth and the Commission agree to keep each other informed of 

events, accidents, and licensee performance that may have generic implications 

or otherwise be of regulatory interest. 

ARTICLE VII 

The Commission and the Commonwealth 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 Commonwealth 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 Commonwealth, or upon request of the Governor of the 

Commonwealth, 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 Commonwealth 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 

Commonwealth has failed to take necessary steps. The Commission shall 

periodically review actions taken by the Commonwealth under this Agreement to 

ensure compliance with Section 274 of the Act which requires a Commonwealth 

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 March 31, 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 __4th_ day of March, 2009. 

FOR THE UNITED STATES NUCLEAR 

REGULATORY COMMISSION 

 ___________R/A________________________ 

 Dale E. Klein, Chairman 

Done at Richmond, Virginia, in triplicate, this _18th_ day of March, 2009. 

FOR THE COMMONWEALTH OF 

VIRGINIA 

 ___________R/A________________________ 

 Timothy M. Kaine, Governor