AGREEMENT

BETWEEN THE

UNITED STATES ATOMIC ENERGY COMMISSION

AND THE

STATE OF OKLAHOMA

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 Oklahoma is authorized under 

section 2-9-103(c) of the Radiation Management Act (27A O.S. Supp. 1998 Sec. 

2-9-101 et seq.) to enter into this Agreement with the Commission; and, 

WHEREAS, the Governor of the State of Oklahoma certified on 

December 28, 1999 that the State of Oklahoma (hereinafter referred to as the 

State) has a program for the control of radiation hazards adequate to protect the 

health and safety with respect to materials within the State covered by this 

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Agreement, and that the State desires to assume regulatory responsibility for such 

materials; and, 

WHEREAS, the Commission found on August 24, 2000, that the program of 

the State 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 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 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 State of Oklahoma, 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: 

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A. Byproduct material as defined in section 11e.(1) of the Act;

 B. Source material used to take advantage of the density and high-mass 

property where the use of the specifically licensed source material is 

subordinate to the primary specifically licensed use of either 11e.(1) 

byproduct material or special nuclear material;

 C. Special nuclear materials in quantities not sufficient to 

form a critical mass;

 D. The regulation of the land disposal of byproduct source or special 

nuclear waste material received from other persons. 

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 regulation of the construction and operation of any 

production or utilization facility or any uranium enrichment 

facility;

 B. 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;

 C. The regulation of the disposal into the ocean or sea of 

byproduct, source, or special nuclear waste material as defined in 

the regulations or orders of the Commission;

 D. The regulation of 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 

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hazards or potential hazards thereof, not be so disposed without a 

license from the Commission;

 E. 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;

 F. Byproduct material as defined in section 11e. (2) of the Act;

 G. Source material except for source material used to take 

advantage of the density and high-mass properties where the use of 

the specifically licensed source material is subordinate to the 

primary specifically licensed use of either 11e.(1) byproduct 

material or special nuclear material. 

ARTICLE III 

With the exception of those activities identified in Article II, paragraph A 

through D, this Agreement may be amended, upon application by the State and 

approval by the Commission, to include one or more of the additional activities 

specified in Article II, paragraphs E through G, whereby the State 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, 

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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 

subsection 161 b. or i. 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 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 

Commission and State programs for protection against hazards of radiation will be 

coordinated and compatible. 

The State agrees to cooperate with the Commission 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 the 

State's program will continue to be compatible with the program of the 

Commission for the regulation of materials covered by this Agreement. 

The State 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 State and the Commission agree to keep each other informed of events, 

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accidents, and licensee performance that may have generic implication or 

otherwise be of regulatory interest. 

ARTICLE VII 

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 effort 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 State, or upon request of the Governor of the State, 

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

section 274 of the Act. The Commission may also, pursuant to section 274j(2) 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 State has failed to take necessary steps. The 

Commission shall periodically review actions taken by the State under this 

Agreement to ensure compliance with section 274 of the Act which requires a State 

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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 September 29, 2000, and shall 

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

VIII. 

Dated at Rockville, Maryland, in triplicate, this 30th day of August 2000. 

For the United States Nuclear Regulatory Commission.

Richard A. Meserve, Chairman.

Dated at Oklahoma City, Oklahoma, in triplicate, this 22nd day of 

September 2000. 

For the State of Oklahoma.

Frank Keating, Governor.

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