NRC ASSUMES REGULATORY AUTHORITY OVER CERTAIN 

RADIOACTIVE MATERIALS IN FIVE STATES AND U.S. TERRITORIES 

The Nuclear Regulatory Commission is assuming regulatory authority over certain 

radioactive materials in five states, Guam, and some U.S. possessions, effective Sept. 30, under 

provisions of the Energy Policy Act (EPAct) of 2005. 

 The material in question consists of naturally occurring and accelerator-produced 

radioactive material (NARM), which had been under state authority until the EPAct included this 

material in the definition of “byproduct material” subject to the NRC’s jurisdiction. The states 

affected by the current action are Vermont, West Virginia, Idaho, Missouri and South Dakota. 

The NRC initially issued a waiver of its authority to allow the states to continue to 

regulate this material while the agency developed new regulations to implement the legislation. 

The final regulations became effective Nov. 30, 2007. At that time, the NRC terminated the 

waiver and assumed authority for NARM held by federal agencies and licensees in federally 

recognized Indian tribes, Delaware, Indiana, Wyoming, Montana, the District of Columbia, 

Puerto Rico and the U.S. Virgin Islands. This current action is the second phase of waiver 

terminations. 

The NRC’s 35 Agreement States – which regulate radioactive materials under 

agreements with the NRC – retain regulatory authority over NARM under their existing 

agreements with the agency. 

Current NRC licensees who also possess NARM in the five affected states, Guam, and all 

U.S. territories other than Puerto Rico and the U.S. Virgin Islands will have six months from the 

waiver termination date to apply for an amendment to their materials license to cover NARM in 

their possession. Users of NARM who do not currently hold NRC licenses will have a year from 

that date to apply for an NRC license. 

The agency anticipates that the waivers for the remaining non-Agreement States – 

Connecticut, Virginia, New Jersey, Michigan, Alaska, and Hawaii – will be terminated in the 

third phase of the transition, which will occur on August 7, 2009. Should any of these states 

become an NRC Agreement State before that date, the waiver for that state will terminate when 

the agreement takes effect. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 08-179 September 29, 2008
The 35 Agreement States are Alabama, Arizona, Arkansas, California, Colorado, Florida, 

Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, 

Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North 

Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, 

Tennessee, Texas, Utah, Washington, and Wisconsin. 

For more information on the EPAct’s provisions expanding the definition of byproduct 

material subject to NRC’s jurisdiction, as well as the agency’s transition plan for implementing 

those provisions, see the “NARM Toolbox” on the NRC Web site at http://nrcstp.ornl.gov/narmtoolbox.html. 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.