AMENDMENT NUMBER ONE TO THE AGREEMENT

BETWEEN THE

UNITED STATES NUCLEAR REGULATORY COMMISSION

AND THE STATE OF ILLINOIS

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 Illinois is authorized under Illinois 

Revised Statues, 1987, ch. 111 1/2 par. 216b, and ch. 111 1/2, par. 241-19 to enter 

into this Agreement with the Commission; and 

WHEREAS, on June 1, 1987, an Agreement between the Commission and 

the State of Illinois became effective which provided for State assumption under 

State law regulatory authority over byproduct as defined in Section Ile.(l) of the Act, 

source materials, special nuclear materials in quantities not sufficient to form a 

critical mass, and the land disposal of source, byproduct, and special nuclear 

material received from other persons; and 

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WHEREAS, Article III of that Agreement provides that the Agreement may 

be amended upon application by the State and approval by the Commission, to 

include the extraction or concentration of source material from source material ore 

and the management and disposal of the resulting byproduct material; and 

WHEREAS, The Governor of the State of Illinois certified on April 11, 1989 

that the State of Illinois (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 extraction or concentration of source material from source material 

ore and the management and disposal of the resulting byproduct material, and that 

the State of Illinois desires to assume regulatory responsibility for such materials; 

and 

WHEREAS, The Commission found on October 17, 1990, that the program 

of the State for the regulation of extraction or concentration of source materials from 

source material ore and the management and disposal of the resulting byproduct 

material 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 where necessary 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 Amendment Number One to the Agreement; and 

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WHEREAS, Amendment Number One to the 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: 

1) Article I of the Agreement is hereby amended to expand the scope of the 

Agreement to include the extraction or concentration of source material from 

any ore processed primarily for its source material content and the 

management and disposal of the resulting byproduct material as defined in 

Section lle.(2) of the Act. As amended, Article I now reads 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 11e.(1) of the Act; 

B. Source materials; 

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

mass. 

D. The land disposal of source, byproduct, and special nuclear materials 

received from other persons. 

Pursuant to Article III, and subject to the exceptions provided in Articles II, IV, and 

V, the Commission shall discontinue, as of the effective date of this Amendment 

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Number One to 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. 

E. The extraction or concentration of source material from any ore 

processed primarily for its source material content and the management 

and disposal of the resulting byproduct material as defined in Section 

11e.(2) of the Act. 

2) Article II of the Agreement is hereby amended by inserting "A." before "This 

Agreement," by redesignating paragraphs A. through D. as subparagraphs 1. 

through 4., by deleting paragraph E., relating to the extraction or 

concentration of source material from source material ore and the 

management and disposal of the resulting byproduct material and by adding a 

new paragraph B., relating to authorities that will be retained by the 

Commission. As amended, Article II now reads as follows: 

ARTICLE II 

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

Commission shall retain authority and responsibility with respect to regulation 

of: 

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

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

or special nuclear material or utilization facility; 

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

nuclear waste materials as defined in regulations or orders of the 

Commission; and 

4. 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 the 

public health, safety, welfare, or the environment; 

d. The authority to require, in the case of a license 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; 

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 the 

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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. 

3) Article IX of the Agreement is hereby amended by redesignating it Article X 

and by inserting a new Article IX As amended, Articles IX and X now read 

as follows: 

ARTICLE IX 

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

lle.(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 the 

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

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 longterm surveillance or maintenance. Such funds do not, however, include 

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

other bonded activity has been performed; and 

B. Such State 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 X 

This agreement shall become effective on June 1, 1987, and shall remain in 

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

The Agreement effective June 1, 1987 remains in effect except as modified by 

amendments contained in Paragraphs 1), 2), and 3) of this Amendment Number 

One. 

This Amendment Number One to the June 1, 1987 Agreement shall become 

effective on November 1, 1990 and shall remain in effect until such time as it is 

terminated pursuant to Article VIII. 

Done at Rockville, Maryland, in triplicate, this 18th day of October, 1990. 

FOR THE UNITED STATES NUCLEAR 

REGULATORY COMMISSION 

Kenneth M. Carr, 

Chairman 

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Done at Springdale, Illinois, in triplicate, this 23rd day of October, 1990. 

FOR THE STATE OF ILLINOIS 

James R. Thompson, 

Governor 

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