W. Irwin 

UNITED STATES

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

August 31, 2105 

William Irwin, Sc.D., CHP, Chief 

Office of Radiological Health 

Vermont Department of Health 

108 Cherry Street 

P.O. Box 70 

Burlington, VT 05402 

Dear Dr. Irwin: 

We have reviewed Vermont’s “Ionizing and Nonionizing Radiation Control Act” contained in 

Vermont’s Statute Title 18 Chapter 32 received by our office on August 7, 2015. The legislation 

was reviewed by comparison to the criteria in Section 4.1.1 of the Office of Nuclear Material 

Safety and Safeguards (NMSS) procedure SA-700 and Handbook “Processing an Agreement.” 

(https://scp.nrc.gov/procedures.html#stateagree). 

We appreciate the opportunity to perform an early review of your legislation and offer the 

following comments: 

1. Vermont’s definition of “Radioactive material” is not compatible with NRC regulations. 

The definition should read, “It includes accelerator produced, byproduct, naturally 

occurring, source, and special nuclear materials.” 

2. Vermont’s definition of “Byproduct material” is not compatible with NRC regulations. The 

definition should read, “means (1) Any radioactive material (except special nuclear 

material) yielded in, or made radioactive by, exposure to the radiation incident to the 

process of producing or using special nuclear material; (2) The tailings or wastes 

produced by extraction or concentration of uranium or thorium from ore processed 

primarily for its source material content, including discrete surface wastes resulting from 

uranium solution extraction processes. Underground ore bodies depleted by these 

solution extraction operations do not constitute “byproduct material” within this definition; 

(3)(i) Any discrete source of radium-226 that is produced, extracted, or converted after 

extraction, for use for a commercial, medical, or research activity; or (ii) Any material that 

- (A) Has been made radioactive by use of a particle accelerator; and (B) Is, produced, 

extracted, or converted after extraction for use for a commercial, medical, or research 

activity; and (4) Any discrete source of naturally occurring radioactive material, other 

than source material, that – (i) Vermont, after determination by the United States 

Regulatory Commission, or any successor thereto, determines would pose a threat 

similar to the threat posed by a discrete source of radium-226 to the public health and 

safety; and (ii) Is extracted or converted after extraction for use in commercial, medical, 

or research activities. 
W. Irwin 2 

3. Vermont’s definition of “Specific license” should read, “means a license issued to a 

named person, after application, to use, manufacture...” to be compatible with NRC 

regulations. 

4. Vermont should change the definition of “Source material” to read, “means: (A) uranium, 

thorium, or any combination thereof, in any physical or chemical form, or any other 

material the governor declares by order to be source material after the United States 

Nuclear Regulatory Commission, or any successor thereto, has determined to be such; 

or (B) ores which contain by weight one-twentieth of one percent or more of: (i) 

Uranium, (ii) thorium, or (iii) any combination thereof; or in such concentration as the 

governor declares by order to be source material after the United States Nuclear 

Regulatory Commission, or any successor thereto, has determined the material in such 

concentration to be source material. 

5. Vermont needs to change the definition of “Special nuclear material” to read “means: (A) 

plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 ...” 

For the definitions listed above, please refer to the Regulation Amendment Tracking Sheet 

(RATS) for the applicable NRC regulations at: https://scp.nrc.gov/regsumsheets_newregs.html. 

6. Vermont has an incorrect reference in statute 1653(6). This statute should read, “The 

provisions of this section relating to the control of byproduct, source, and special nuclear 

materials shall become effective on the effective date of an agreement between the 

federal government and this state as provided in section 1653(a) of this title.” 

7. Vermont statute 1652(a) states: “The commissioner of health may designate the director 

of occupational health as the individual who shall perform the functions vested in the 

agency.” In the organizational chart provided in your letter, your program is located 

under the Department of Environmental Health and not the Department of Occupational 

Health. If the designation is correct, please provide additional clarifying information with 

your draft application. Additionally the statutes do not define the structure of the 

Department. Please see SA-700 Handbook, Section 4.1.1.1(a) for information regarding 

this matter. 

8. The Vermont statutes should authorize the use of license conditions/orders to address 

matters unique to the licensee. Although Vermont legislation does authorize the 

program to issue licenses, the Vermont legislation does not clearly authorize the 

program to: 

- impose additional license requirements; or 

- recognize the licenses issued in other jurisdictions (reciprocity). 

Please see SA-700 4.1.1.1(b)(1) and (b)(3) and SA-700 4.1.1.2 (c) and (d) for 

information regarding this matter. 

9. The Vermont legislation does not expressly authorize the program to require compliance 

with regulatory requirements by both licensees and unlicensed individuals. Please see 

SA-700 Handbook, Section 4.1.1.1(e) for information regarding this matter.
W. Irwin 3 

10. Although the Vermont legislation does not apply to nuclear reactors, the Vermont 

legislation does not explicitly exclude all materials or activities reserved to the U.S. 

Nuclear Regulatory Commission (NRC) under Section 274c of the Atomic Energy Act of 

1954, as amended, or Title 10 of the Code of Federal Regulations Part 150. Please see 

SA-700 Handbook, Section 4.1.1.2(b) for information regarding this matter. 

11. If Vermont plans to request low-level radioactive waste authority, the State should 

submit the law that authorizes the appropriate restrictions on land ownership and use of 

sites used for disposal of low-level radioactive waste for an indefinite period after closure 

of the site. Please see SA-700 Handbook, Section 4.1.1.3 for information regarding this 

matter. 

12. If Vermont plans to request regulation of byproduct material as defined in Section 

11e.(2) of the Act, the State should submit the law that authorizes the regulation of 

uranium and thorium recovery facilities including disposal of mill tailings. Please see 

SA-700 Handbook, Section 4.1.1.4 for information regarding this matter. 

We recommend that you address these 12 comments above. If the comments can be 

addressed through other statutes, please provide this information in your request for an 

Agreement. If you would like us to review this information prior to the submittal of your request 

please let us know. For additional assistance in responding to these comments, the State can 

reference the 1983 Council of State Governments generic model of a Radiation Control Act in 

Suggested State Legislation Volume 42, which can be found at 

http://www.crcpd.org/PDF/RadControl.PDF. 

The State of Vermont may also resolve these comments through interpretation of State law. 

The NRC will accept interpretations provided by the State Attorney General, or other attorneys 

designated as a legal advisor to the radioactive materials program. 

If you have any questions regarding the comments, please contact Michelle Beardsley at 610-

337-6942 (michelle.beardsley@nrc.gov) or Monica Ford at 610-337-5214 

(monica.ford@nrc.gov). 

Sincerely, 

/RA/ 

CEinberg for JPiccone 

Josephine M. Piccone, Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards
W. Irwin 3 

10. Although the Vermont legislation does not apply to nuclear reactors, the Vermont 

legislation does not explicitly exclude all materials or activities reserved to the U.S. 

Nuclear Regulatory Commission (NRC) under Section 274c of the Atomic Energy Act of 

1954, as amended, or Title 10 of the Code of Federal Regulations Part 150. Please see 

SA-700 Handbook, Section 4.1.1.2(b) for information regarding this matter. 

11. If Vermont plans to request low-level radioactive waste authority, the State should 

submit the law that authorizes the appropriate restrictions on land ownership and use of 

sites used for disposal of low-level radioactive waste for an indefinite period after closure 

of the site. Please see SA-700 Handbook, Section 4.1.1.3 for information regarding this 

matter. 

12. If Vermont plans to request regulation of byproduct material as defined in Section 

11e.(2) of the Act, the State should submit the law that authorizes the regulation of 

uranium and thorium recovery facilities including disposal of mill tailings. Please see 

SA-700 Handbook, Section 4.1.1.4 for information regarding this matter. 

We recommend that you address these 12 comments above. If the comments can be 

addressed through other statutes, please provide this information in your request for an 

Agreement. If you would like us to review this information prior to the submittal of your request 

please let us know. For additional assistance in responding to these comments, the State can 

reference the 1983 Council of State Governments generic model of a Radiation Control Act in 

Suggested State Legislation Volume 42, which can be found at 

http://www.crcpd.org/PDF/RadControl.PDF. 

The State of Vermont may also resolve these comments through interpretation of State law. 

The NRC will accept interpretations provided by the State Attorney General, or other attorneys 

designated as a legal advisor to the radioactive materials program. 

If you have any questions regarding the comments, please contact Michelle Beardsley at 

(610) 337-6942 (Michelle.beardsley@nrc.gov) or Monica Ford at (610) 337-5214 

(monica.ford@nrc.gov). 

Sincerely, 

Josephine M. Piccone, Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards 

DISTRIBUTION: SP05 

DIR RF (15-55) 

MFord, RSAO, 

DJanda, RSAO 

VT File 

OFFICE RI ASPB OGC ASPB:BC MSTR:D 

NAME MFord MBeardsley MSpencer CEinberg CEinberg for 

JPiccone 

DATE 8/13/15 8/13/15 8/27/15 8/31/15 8/31/15 

ML15225A3052 OFFICIAL RECORD COPY Package ML15222A300