AGREEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY COMMISSION 

AND 

THE COMMONWEALTH OF PENNSYLVANIA 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 Pennsylvania is authorized under 

the Pennsylvania Radiation Protection Act of July 10, 1984, P.L. 688, No. 147, as amended, 35 

P.S. § 7110.101 et seq., to enter into this Agreement with the Commission; and, 

WHEREAS, The Governor of the Commonwealth of Pennsylvania certified on November 

9, 2006, that the Commonwealth of Pennsylvania (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 12, 2008, 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: 

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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; 

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

 6. The regulation of the land disposal of all byproduct, source, and special nuclear 

waste materials covered by this Agreement. 

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: 

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

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 

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Commission, to include one or more of the additional activities specified in Article II, paragraphs 

5 and 6, 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 

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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 

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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, 2008, 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 10th day of March, 2008. 

FOR THE UNITED STATES NUCLEAR 

REGULATORY COMMISSION 

 _/RA/__________________________________ 

 Dale E. Klein, Chairman 

Done at Harrisburg, Pennsylvania, in triplicate, this 26th day of March, 2008. 

FOR THE COMMONWEALTH OF 

PENNSYLVANIA 

 _/RA/___________________________________ 

 Edward G. Rendell, Governor