NUCLEAR REGULATORY COMMISSION

State of Utah: Discontinuance of Certain Regulatory Authority and

Responsibility Within the State

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Notice of amended agreement with the State of Utah.

SUMMARY: Notice is hereby given that the Honorable Kenneth M. Carr,

Chairman of the U.S. Nuclear Regulatory Commission, and the Honorable

Norman H. Bangerter, Governor of the State of Utah, signed an Amendment

to the existing section 274b Agreement between NRC and the State of Utah

pursuant to section 274 of the Atomic Energy Act of 1954, as amended. The

amendment permits the State to regulate the land disposal of source,

byproduct, and special nuclear materials received from other persons.

The proposed Amendment to the existing section 274b Agreement was 

published in the Federal Register for public comment for four consecutive 

weeks beginning November 15, 1989 (54 FR 47617). 

The Amendment is published in accordance with the requirements of 

Public Law 86-373. A copy of the consolidated version of the Agreement is 

available at the Office of Governmental and Public Affairs, State Programs. 

FOR FURTHER INFORMATION CONTACT: 

Vandy L. Miller, State Programs, U.S. Nuclear Regulatory Commission, 

Washington, DC 20555, 301-492-0326. 

SUPPLEMENTARY INFORMATION 

Public Comments: Three written comments on the proposed 

amendment and NRC staff assessment were received prior to the end of the 
comment period on December 15, 1989. One comment was received from 

David G. Culberson, Manager, Technical Control, Babcock and Wilcox, 

Pennsylvania Nuclear Service Operations, Apollo, Pennsylvania. One 

comment was received from Donald A. Flater, Chief, Bureau of Radiological 

Health, Iowa Department of Public Health, Des Moines, Iowa. One comment 

was received from David C. Kremmer, Radiation Safety Officer, RhonePoulenc, Inc., Specialty Chemicals Group, Freeport, Texas. These comments 

supported the proposed amendment to the Agreement and were carefully 

considered by the Commission in its deliberations on the Utah request. The 

comments are available in the Commission's Public Document room at 2120 

L Street, NW., Washington, DC. 

Amendment to 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) entered into an Agreement 

(hereinafter referred to as the Agreement of March 29, 1984) with the State of 

Utah under section 274 of the Atomic Energy Act of 1954, as amended 

(hereinafter referred to as the Act), which Agreement became effective on 

April 1, 1984, and provided for discontinuance of the regulatory authority of 

the Commission with the State under chapters 6, 7, and 8 and section 161 of 

the Act with respect to byproduct materials as defined in section lle.(1) 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 amendment to the Agreement of 

March 29, 1984, between the Commission and State of Utah; and 

Whereas, the Governor of the State of Utah has requested this 

amendment in accordance with section 274 of the Act certifying on July 17, 

1989 that the State of Utah has a program for the control of radiation hazards 

adequate to protect the public health and safety with respect to the land 

disposal within the State of source, byproduct and special nuclear material 

received from other persons and that the State desires to assume regulatory 

responsibility for such materials; and 

Whereas, the Commission found on April 30, 1990 that the program of 

the State for the regulation of materials, covered by this amendment is in 

accordance with the requirements of the Act and in all other respects 

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 Commission and the State in the 

formulation of standards for protection against hazards of radiation and in 

assuring that the State and Commission programs for protection against 

hazards radiation will be coordinated and compatible; and 

Whereas, this amendment to the Agreement of March 29, 1984, is 

entered into pursuant to the provisions of the Atomic Energy Act of 1954, as 

amended. 

Now, Therefore, it is hereby agreed ween the Commission and the 

Governor of the State, acting on behalf of the State, as follows: 

Section 1. Article I of the Agreement March 29, 1984, is amended by 

deleting "and" at the end of paragraph B., by adding “; and,” after the words 
critical mass" in paragraph C., and by inserting the following new paragraph 

immediately after paragraph C.: 

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

received from other persons. 

Section 2. Article II of the Agreement March 29,1984, is amended by 

deleting paragraph E. and by redesignating paragraph F. as paragraph 

E. 

This amendment shall become effective on May 9,1990, and shall 

remain in effect unless and until such as it is terminated pursuant to Article 

VIII of the Agreement of March 1984. 

Done at Salt Lake City, Utah. in triplicate, this 8th day of May, 1990. 

For the United States Nuclear Regulatory Commission. 

Kenneth M. Carr, 

Chairman. 

Norman H. Bangerter, 

Governor. 

Dated at Rockville, this 21st day of May, 1990. 

For the United States Nuclear Regulatory Commission. 

Carlton Kammerer, 

Director State Program, Office of Governmental and Public Affairs. 

[FR Doc. 90-12814 Filed 5-30-90; 8:45 am]