STATE OF GEORGIA

PROPOSED AGREEMENT FOR ASSUMPTION

OF

CERTAIN AEC REGULATORY AUTHORITY

Notice is hereby given that the U.S. Atomic Energy Commission is publishing for public 

comment, prior to action thereon, a proposed agreement received from the Governor of the State of Georgia for the assumption of certain of the Commission's regulatory authority pur suant to section 274 of the 

Atomic Energy Act of 1954, as amended. 

A resume, prepared by the State of Georgia and summarizing the State's proposed program for 

control over sources of radiation, is set forth below as an appendix to this notice. A copy of the program, 

including proposed Georgia regulations, is available for public inspection in the Commission's Public 

Document Room, 1717 H Street NW., Washington, D.C., or may be obtained by writ ing to the Director, 

Division of State and Licensee Relations, U.S. Atomic Energy Commission, Washington, D.C. 20545. All 

interested persons desiring to submit comments and suggestions for the consideration of the Commission 

in connection with the proposed agreement should send them, in triplicate, to the Secretary, U.S. Atomic 

Energy Commission, Washington, D.C. 20545. Attention: Chief, Public Proceedings Branch, within 30 

days after initial publication of this notice in the FEDERAL REGISTER. 

Exemptions from the Commission's regulatory authority which would imple ment this proposed 

agreement, as well as other agreements which may be entered into under section 274 of the Atomic 

Energy Act, as amended, were published as Part 150 of the Commission's regula tions in FEDERAL 

REGISTER issuances of February 14, 1962, 27 F.R. 1351; April 3, 1965, 30 F.R. 4352; September 22, 

1965, 30 F.R. 12069; March 19, 1966, 31 F.R. 4668; March 30, 1966, 31 F.R. 5120; December 2, 1966, 

31 F.R. 15145; July 15, 1967, 32 F.R. 10432; June 27, 1968, 33 F.R. 9388; and April 16, 1969, 34 F.R. 

6517. In reviewing this proposed agreement, interested persons should also consider the aforementioned 

exemptions. 

Dated at Germantown, Md., this 19th day of September 1969. 

For the Atomic Energy Commission. 

W. B. McCOOL, Secretary. 
PROPOSED AGREEMENT BETWEEN

THE U.S. ATOMIC ENERGY COMMISSION

AND THE

STATE OF GEORGIA

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 U.S. Atomic Energy Commission (hereinafter referred to as the Commis sion) is 

authorized under section 274 of the Atomic Energy Act of 1954, as amended (he reinafter referred to as 

the Act), to enter into agreements with the Governor of any State providing for discontinuance of the 

regula tory authority of the Commission within the State under chapters 6, 7, and 8, and section 161 of the 

Act with respect to byproduct materials, source materials, and special nuclear materials in quantities not 

sufficient to form a critical mass; and 

WHEREAS, the Governor of the State of Georgia is authorized under section 88-1307 of the 

Georgia Health Code (Georgia Laws 1964, pp. 499, 571) to enter into this Agreement with the 

Commission; and 

WHEREAS, the Governor of the State of Georgia certified on August 29, 1969, that the State of 

Georgia (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 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 ----------- that the program of the State for the regulation 

of the materials covered by this Agreement is compatible with the Commis sion'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 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 the Governor of the State, 

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; 

B. Source materials; and 

C. 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 regulation of: 

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

B. The export from or import into the United States of byproduct, source, or special nuclear 

material, or of any production or utilization facility; 

C. The disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as 

defined in regulations or orders of the Commission; 

D. 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. 

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, regula tions, 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 V 

The Commission will use its best efforts to 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 will use its best efforts to cooperate 

with the Commission and other agreement States in the formula tion 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 like 

materials. The State and the Commission will use their best efforts to keep each other informed of 

proposed changes in their respective rules and regulations and licensing, inspection and enforcement 

policies and criteria, and to obtain the comments and assistance of the other party thereon. 

ARTICLE VI 

The Commission and the State agree that it is desirable to provide for reciprocal recognition of 

licenses for the materials listed in Article I licensed by the other party or by any agreement State. 

Accordingly, the Commission and the State agree to use their best efforts 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 this Agreement and 

reassert the licensing and regulatory authority vested in it under the Act if the Commission finds that such 

termination or suspension is required to protect the public health and safety. 

ARTICLE VIII 

This Agreement shall become effective on December 15, 1969, and shall remain in effect unless 

and until such time as it is terminated pursuant to Article VII. 

Done at ------------------, in triplicate, this---------day of --------------------. 

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION, 

FOR THE STATE OF GEORGIA, 
ORGANIZATION AND STAFF RESPONSIBILITIES 

The Georgia Radiation Control Council, which consists of five members, is appointed by the 

Governor. This Council is responsible to and reports to the Georgia State Board of Health and has the 

duty of advising the Georgia Department of Public Health on matters pertaining to ionizing radiation and 

standards, rules, and regulations to be adopted, modified, promulgated, or repealed by the Department. 

The five (5) appointed Council members are selected from nominees of the Medical Association of 

Georgia, the Georgia Dental Society, the Georgia Radiological Society, the Associated Industries of 

Georgia, and the Georgia Veterinary Association. All members have recognized knowledge in the field of 

ionizing radiation and its biological effects. 

The Radiological Health Service is located in the Branch of Environmental Health of the Georgia 

Department of Public Health. Personnel of the Service will be responsible for the technical evaluation of 

applications for radioactive material licenses, preparation of licenses, and for conducting inspections of 

licensees. This work will be under the immediate direction of the Chief of the Radioactive Materials 

Control Section, with the assistance of two Radiation Safety Officers I and one-time secretary. 

Personnel of the X-Ray Control Section will be responsible for the registration and inspection of 

all radiation machines. Assisting the Chief of this Section will be one Radiation Safety Officer II, two 

Radiation Safety Officers I and one full-time secretary. 

The Environmental Surveillance Section consists of a Chief and two technicians whose duties are 

to periodically monitor specified areas near nuclear reactors and to collect soil, water, and air sample s in 

the environment. 

All personnel of the Service will be involved on a part-time basis, with administrative duties and 

assignment to the Radiological Emergency Team. 

FOREWORD 

This document briefly describes some of the past activities and accomplishments of the 

Radiological Health Program within the Georgia Department of Public Health in the control and 

regulation of ionizing radiation for the protection of the State's citizens. Proposed programs, staffing, 

equipment, and facilities are presented for the assumption of additional responsibilities with respect to 

sources of ionizing radiation, as well as supporting information on authority, regula tion, and organization. 

The Governor, on behalf of the State of Georgia, is authorized to enter into an agreement with the Federal 

Government providing for discontinuance of certain of the Federal Government's responsibilities with 

respect to sources of ionizing radiation. This authority is granted in paragraph (a) section 88-1307 of the 
Georgia Radiation Control Act as amended by Act 297 (1965) and Act 971 (1968) of the Georgia General 

Assembly. 

The Atomic Energy Commission (AEC) is authorized to enter into an agreement with the 

governor of a State whereby the Commission may transfer to the State certain licensing and regulatory 

control over byproduct material, source material, and special nuclear material in quantities not sufficient 

to form a critical mass. This authority is found in section 274b of the Atomic Energy Act of 1954, as 

amended. 

HIGHLIGHTS IN THE HISTORY

OF

RADIATION PROTECTION ACTIVITIES CONDUCTED BY

THE

GEORGIA DEPARTMENT OF PUBLIC HEALTH

1943----Radium contamination surveys conducted by U.S. Public Health Service and Georgia Department 

of Public Health Industrial Hygiene personnel in a very large military dial refinishing facility at 

Warner Robins, Ga. 

1949----First formal training of staff personnel in radiation safety and protection at National Institutes of 

Health courses. 

1951----Additional staff training in X-ray control at Taft Sanitary Engineering Center in Cincinnati, Ohio. 

--Surveyed all shoe fitting fluoroscopes in State to determine compliance with American

 Industrial Hygiene Association existing standards. 

--Began systematic evaluation of X-ray equipment in offices of physicians and dentists. 

--Radium Surveys made in all commercial airline dial painting facilities in the State. 

1952----Radium surveys made in all military dial painting shops in the State. 

1953----Began joint surveys of isotope users in company with Atomic Energy Commission personnel 

from Oak Ridge. 

--Personnel participated in weapons testing program in Nevada. 

--Began air surveillance program to determine amount of fallout from weapons testing program in 

Pacific and Nevada. 

1955----Personnel again partic ipated in weapons testing program in Nevada. 

1956----Began environmental surveillance program (water, air and vegetation sampling) to 

support Lockheed Aircraft Corp. reactor development center at Dawsonville. 

--Radiation protection activities given "Section" status in Industrial Hygiene Division. 

1957----Personnel again participated in weapons testing program in Nevada. 
1960----U.S. Public Health Service began state assignee program with Georgia Department 

of Public Health. 

1961----Radiation stream monitoring program begun in Savannah, Chattahoochee and Etowah 

River systems. 

--Laboratory capability for environmental surveillance greatly expanded. 

--Milk surveillance begun in 10 major milk sheds in the State. 

1962----Dental radiological health "Sur-Pak Survey" conducted in each dental office in State 

equipped with an X-ray machine. 

1964----Radiation Control Act passed by the General Assembly of Georgia. 

--Radiation Control Council appointed by Governor; meets for the first time in August. 

--Proposed radiation control regulations dealing with X-ray and radioactive materials presented 

to Council for study. 

1965----Radiological Health activities given "Service" status and separated from Industrial 

Hygiene program. 

--Preregistration inventory performed to determine location of all users of radium and X-ray 

generating devices. 

--Radium management studies begun in all hospitals and clinics throughout the State. 

1966----Radium management studies begun in offices of all private practitioners in State. 

1967----Radioactive materials control and X-ray control activities given Section status in 

Radiological Health Service. 

1969----Regulations pertaining to "X-ray" and "Radioactive Materials" adopted by the State Board 

of Health. 

REGULATORY PROCEDURES

AND

POLICY LICENSING AND REGISTRATION

The Georgia radiation control program encompasses all sources of radiation. The regulations 

require licensing of all radioactive materials and registration of all radiation producing machines except 

such sources or machines as may be specifically exempted from those requirements in accordance with 

the regulations. 

The licensing procedures and criteria set forth in chapter 270-5-20 of the Georgia Department of 

Public Health Rules and Regulations will be consistent with those of the Atomic Energy Commission. 

General licenses are issued for specified materials under specified conditions when it is 

determined that the issuance of a specific license is not necessary to protect the public and occupational 
health and safety. A general license is effective by regulation without the filing of applications with the 

Department or the issuance of a licensing document. A specific license or amendments thereto will be 

issued to named persons and will incorporate appropriate conditions and expiration date upon review and 

approval of an application. Prelicensing inspections will be conducted when deemed necessary by the 

Department. 

When the Department determines such to be appropriate, it will request the advice of the 

Radiological Medical Advisory Committee, or appropriate members thereof, with respect to any matter 

pertaining to medical license application, or to criteria for reviewing such applications. 

Members of the Radiological Medical Advisory Committee who have appropriate experience and 

training in nonroutine human uses of radioactive materials will be consulted. The Atomic Energy 

Commission's Advisory Committee on the medical use of isotopes will also be consulted when necessary. 

Appropriate research protocols will be required as part of an application. The Department will maintain 

knowledge of current developments, techniques and procedures for medical uses applicable to the 

licensing program through continuing contact and information exchange with the U.S. Atomic Energy 

Commission and other agreement States. 

The registration program will be a continuation of the current activity except that (a) all radiation 

machines will be subject to the applicable provisions of the regula tions, and (b) radium and accelerator 

produced radionuclides which were formerly registered, must now be licensed. 

INSPECTIONS 

Inspections for the purpose of evaluating radiation safety and determining compliance with 

appropriate regulations and provisions of licenses will be conducted as needed. 

Inspection frequency will be based upon the extent of the hazard-potential and experience with 

the particular facility. It is expected that all specific licensees will be inspected at least once every 2 years. 

The following frequency is anticipated: 

Specific Licenses: 

Waste Disposal Services----Once each 6 months. 

Industrial Radiography----Once each 12 months. 

Other Industrial---- Once each 24 months.

 Medical----Once each 24 months. 

Academic----Once each 24 months. 

Other----Based on hazards associated with licensee's program. 

Broad Licenses----Once each 12 months. 

Registered Facilities----Based on hazards associated with registrant's program. 
Inspections will be made by prearrangement with the licensee or may be unannounced at 

reasonable times, as the Department, in its judgment, determines to be most constructive. Consultation 

visits will be made frequently in the early years of the licensing and compliance program in order to 

establish understanding and cooperation. 

Inspections will include the observation of pertinent facilities, operators, and equipment: a review 

of use procedures, radiation safety practices, and user qualifications; a review of records of radiation 

surveys, personnel exposure, and receipt and disposition of licensed materials-all as appropriate to the 

scope and conditions of the license and applicable regulations. In addition, inde pendent measurements 

will be made as appropriate. 

At the start and conclusion of an inspection, personal contact will be made at management-level 

whenever possible. Following inspections, results will be discussed with the licensee management. 

Investigations will be made of all reported or alleged incidents to determine the conditions and 

exposure incident thereto and to determine the steps taken for correction, cleanup, and the prevention of 

similar incidents in the future. 

Radiological assistance in the form of monitoring, liaison with appropriate authorities and 

recommendations for area security and cleanup will be available from the Department in the event of an 

emergency. 

Reports will be prepared covering each inspection or investigation. The reports will be reviewed 

by the Chief of the Radioactive Materials Control Section and the Director of the Radiological Health 

Service. 

COMPLIANCE AND ENFORCEMENT 

The status of compliance with regulations, registration, or license conditions will be determined 

through inspections and evaluations of inspection reports. 

When there are items of noncompliance, the licensee will be so informed at the time of 

inspection. When the items are minor and the licensee agrees at the time of inspection to correct them, 

written notice at the completion of the inspection will list the items of noncompliance, confirm 

corrections made at the time, and inform the person that a review of other corrective action will be made 

at the next inspection. 

Where items of noncompliance of a more serious nature occur, the licensee will be informed by 

letter of the items of noncompliance and required to reply within a stated time as to the corrective action 

taken and the date such action was completed or will be complete. Assurance of corrective action will be 

determined by a followup inspection or at the time of the next regular inspection. 
Upon request by the licensee, the terms and conditions of a license may be amended, consistent 

with the Act or regulations, to meet changing conditions in operations or to remedy technicalities of 

noncompliance of a minor nature. The Department may amend, suspend, or revoke a license in the event 

of continuing refusal of the licensee to comply with terms and conditions of the license, the Act or 

regulations, or failure to take adequate action concerning items of noncompliance. Prior to such action, 

the Department shall notify the licensee of its intent to amend, suspend or revoke the license and provide 

the opportunity for a hearing. 

The Department will use its best efforts to attain compliance through cooperation and education. 

Only in instances where real or potential hazards exist, or cases of repeated noncompliance or willful 

violation will the full legal procedures normally be employed. 

Where the Department finds that the public health, safety, or welfare imperatively requires 

emergency action, and incorporates such findings in its order, it may summarily suspend the license 

pending proceedings for revocation which shall be promptly instituted upon request of any interested 

person. 

In the event of an emergency relating to any source of ionizing radiation which endangers the 

public peace, health, or safety, the Department shall have the authority to issue such orders for the 

protection of the public health and safety as may be appropriate, including orders to lay an embargo upon 

or impound radioactive materials and other source of ionizing radia tion in the possession of any person 

who is not equipped to observe or fails to observe the provisions of the Act or any rules or regulations 

promulgated thereunder. 

RADIATION EMERGENCIES 

A Department of Health radiological emergency team was formed in 1964. The function of this 

team is to respond to all radiological emergencies that might involve the public health and safety. 

Emergency kits have been prepared with all the necessary apparatus and radiation surveying equipment. 

Members of this team have been called on to decontaminate one major facility. In addition, the team has 

responded to many calls to investigate and handle lost or ruptured radioactive shipments, minor 

contamination in hospitals and of fices, and suspected overexposure from X-ray generators. 

Plans are currently being made to involve Law Enforcement personnel in a Statewide Emergency 

Network so that the Department will be promptly notified should radiological accidents occur. 

EFFECTIVE DATE OF LICENSE TRANSFER 

Any person who, on the effective date of the agreement with the Atomic Energy Commission, 

possesses a license issued by the Federal Government shall be deemed to possess a like license issued 
under chapter 88-1301 through 88-1313, Georgia Health Code (as passed by the Legislature in 1964 and 

amended by Act 297 of the General Assembly in 1965 and Act 971 of the General Assembly in 1968) 

which shall expire either 90 days after the receipt from the Department of a notice of expiration of such 

license, or on the date of expiration specified in the Federal license, whichever is earlier. 

RULES OF ADMINISTRATION, PRACTICE, AND PROCEDURE 

The Georgia State Board of Health, pur suant to the authority granted in 88-110 of the Code of 

Georgia (Georgia Laws 1964, pages 499, 507), chapter 88-3 of the Code of Georgia (Georgia Laws 1964, 

pages 499, 518), and the Georgia Administrative Procedure Act, has established rules of practice and 

procedure governing administrative procedures with reference to promulgation of rules and regulations, 

conducting hearings, appeals, proceedings, decisions, and orders these rules provide for: 

1. Due notice to interested persons and opportunity to present data or views either orally or in 

writing prior to the adoption, amendment, or repeal of any rule. 

2. Whenever the Department in its opinion finds that an emergency exists requiring immediate 

action to protect the public health and safety, the Department may, without notice or hearing, issue an 

order reciting the existence of such emergency and requiring that such action be taken as is necessary to 

meet the emergency. 

3. An interested person may petition the Department requesting the promulgation, amendment, or 

repeal of a rule. 

4. Declaratory judgment procedure available on petition by proper party to determine validity of 

statute, rule, or final decision of the Department. 

5. Right to hearing after reasonable notice in a case in which legal rights, duties, or privileges of 

specific parties are required by law or constitutional right to be determined. 

6. Any person who has exhausted all administrative remedies available within the Department 

and who is aggrieved by a final decision in a contested case is entitled to judicial review. 

COMPATIBILITY AND RECIPROCITY 

The Georgia State Board of Health has adopted rules and regulations for the control of radiation 

which are consistent with those of the U.S. Atomic Energy Commission and those of the other agreement 

States. In promulgating rules and regulations, the Board has, insofar as practicable, avoided requiring dual 

licensing and has provided for reciprocal recognition of other State and Federal licenses. 

Routine staff meetings will be conducted involving all members of the division who are involved 

with the radiological health program to determine and maintain compatible programs with the U.S. 

Atomic Energy Commission and other agreement States. Periodic internal evaluation exercises will be 
conducted concerning all phases of the program. Written reports, inspection reports, records, and statistics 

will be compatible with the current Atomic Energy Commission program. 

[F.R. Doc. 69-11375; Filed, Sept. 22, 1969; 8:48 a.m.]