State of Washington; Discontinuance of Certain Regulatory Authority and

Responsibility Within the State

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of amended agreement with state of Washington.

SUMMARY: Notice is hereby given that on January 7, 1982, the Honarable Nunzio J.

Palladino, Chairman of the Nuclear Regulatory Commission, and that on February 19,

1982, the Honorable John Spellman, Governor of the State of Washington, signed an

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

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

amendment permits the State to continue to regulate byproduct material as defined in

section 11e.(2) of the Act (uranium mill tailings) in conformance with the requirements of

section 274o. of the Act.

The proposed Amendment to the existing section 274b. Agreement was published

in the Federal Register for public comment for four consecutive weeks beginning

September 17, 1981 (46 FR 46241-46245). A minor change to the introductory text was

made to conform the Amendment to the requirements of the "Stratton-Schmitt"

amendment (Pub. L. 97-88). The amended agreement was modified to delete the following

paragraph:

"Whereas, it is necessary to enter into this amendment in order to implement new

requirements of section 274 of the Act which become fully effective on November

8, 1981; and".

Public Law 97-88 makes it clear that such an amended agreement is not

"necessary" for the State to continue to regulate uranium mill tailings after November 8,

1981. The following was inserted in its place:

"Whereas, the Governor of the State has requested this amendment in accordance

with section 274 of the Act: and".

The amendment is published in accordance with the requirements of Pub. L. 86-373. A

copy of the consolidated version of the Agreement is available at the Office of State

Programs.
1Under the provisions of the Energy Reorganization Act of 1974, the regulatory functions formerly carried out by the

Atomic Energy Commission are now carried out by the Nuclear Regulatory Commission as of January 19, 1975.

FOR FURTHER INFORMATION CONTACT.

Craig Z. Gordon, Office of State Programs, U.S. Nuclear Regulatory Commission,

Washington, DC 20555. Phone: (301) 492-9886.

SUPPLEMENTARY INFORMATION:

Amendment to Agreement Between the United States Nuclear Regulatory

Commission and the State of Washington 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 Atomic Energy Commission1 (hereinafter referred to as

the Commission) entered into an Agreement (hereinafter referred to as the Agreement of

December 6, 1986) with the State of Washington under section 274 of the Atomic Energy

Act of 1954, as amended (hereinafter referred to as the Act), which Agreement became

effective on December 31, 1966 and provided 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 section 11e.(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 has requested this amendment on accordance

with section 274 of the Act; and

Whereas, the Commission found on January 7, 1982, that the program of the State

for the regulation of materials covered by this amendment is in accordance with the

requirements of section 274o. 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, this amendment 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 on behalf of the State, as follows:
Section 1. Article I of the Agreement 1 of December 6, 1966, is amended by

adding "as defined in section lle.(1) of the Act:” after the words "byproduct materials" in

paragraph A., by redesignating paragraphs B. and C. as paragraphs C. and D., and by

inserting the following new paragraph immediately after paragraph A.:

"B. Byproduct materials as defined in section lle.(2) of the Act.".

Section 2. Article II of the Agreement of December 6, 1966, is amended by

inserting "A." before the words "This Agreement," by redesignating paragraphs A.

through D. as subparagraphs 1 through 4., and by adding the following at the end thereof:

"B. Notwithstanding this Agreement, the Commission retains the following

authorities pertaining to byproduct materials as defined in section lle.(2) of the 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. 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 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 surface or subsurface estates, or both, of the

land transferred to the United States or the State pursuant to subparagraph B.2.b. of this

Article;
"d. 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 public health and safety, and other actions as the Commission

deems necessary; and

"e. 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.".

Section 3. Article III of the Agreement of December 6, 1966, is amended by

inserting "otherwise licensable by the State under Article I of this Agreement" after the

words "special nuclear material."

Section 4. Article VII of the Agreement of December 6,1966, is amended by

inserting “all or part of” after the words "terminate or suspend," by inserting "(1)" after

the words "finds that," and by adding at the end before the period the following: ", or (2)

the State has not complied with one or more of the requirements of section 274 of the

Act. The Commission shall periodically review this Agreement and actions taken by the

State under this Agreement to ensure compliance with the provisions of section 274 of the

Act.".

Section 5. Article VIII of the Agreement of December 6, 1966, is amended by

redesignating it Article IX and by inserting a new Article VIII as follows:

"In the licensing and regulation of byproduct material as defined in section 11e.(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 or 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 long term surveillance or maintenance. Such funds do

not, however, include 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.".

This amendment shall become effective on February 19, 1982.

Done at Olympia, State of Washington. in triplicate, this 19th day' of February

1982. 

For the State of Washington. 

John Spellman.

Governor.

Done at Washington, District of Columbia, in triplicate, this 7th day of January

1982. 

For the United States Nuclear Regulatory Commission.

Nunzio J. Palladino,

Chairman.

Dated at Bethesda, Maryland this 9th day of March 1982

For the United States Nuclear Regulatory Commission.

Donald A. Nusabaumer,

Acting Director, Office of State Programs.

[FR Doc 82-7061 Flied 3-15-82 8:45 am]