[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27572-27576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13580]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0142]


State of New Jersey: NRC Staff Assessment of a Proposed Agreement 
Between the Nuclear Regulatory Commission and the State of New Jersey

AGENCY: Nuclear Regulatory Commission.

[[Page 27573]]


ACTION: Notice of a proposed Agreement with the State of New Jersey.

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SUMMARY: By letter dated October 16, 2008, Governor Jon S. Corzine of 
New Jersey requested that the U.S. Nuclear Regulatory Commission (NRC 
or Commission) enter into an Agreement with the State of New Jersey 
(State or New Jersey) as authorized by Section 274 of the Atomic Energy 
Act of 1954, as amended (Act).
    Under the proposed Agreement, the Commission would relinquish, and 
the State would assume, portions of the Commission's regulatory 
authority exercised within the State. As required by the Act, the NRC 
is publishing the proposed Agreement for public comment. The NRC is 
also publishing the summary of an assessment by the NRC staff of the 
State's regulatory program. Comments are requested on the proposed 
Agreement, especially its effect on public health and safety. Comments 
are also requested on the NRC staff assessment, the adequacy of the 
State's program, and the State's program staff, as discussed in this 
notice.
    The proposed Agreement would exempt persons who possess or use 
certain radioactive materials in the State from portions of the 
Commission's regulatory authority. The Act requires that the NRC 
publish those exemptions. Notice is hereby given that the pertinent 
exemptions have been previously published in the Federal Register and 
are codified in the Commission's regulations as 10 CFR part 150.

DATES: The comment period ends June 26, 2009. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission cannot assure consideration of comments received after the 
comment period ends.

ADDRESSES: Written comments may be submitted to Mr. Michael T. Lesar, 
Chief, Rulemaking and Directives Branch, MS TWB-05-B01M, Division of 
Administrative Services, Office of Administration, Washington, DC 
20555-0001. Members of the public are invited and encouraged to submit 
comments electronically to http://www.regulations.gov. Search on Docket 
ID: [NRC-2009-0142] and follow the instructions for submitting 
comments.
    The NRC maintains an Agencywide Documents Access and Management 
System (ADAMS), which provides text and image files of NRC's public 
documents. The documents may be accessed through the NRC's Public 
Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) reference staff at (800) 397-4209, or (301) 
415-4737, or by e-mail to <a href="/cdn-cgi/l/email-protection#8afaeef8a4f8eff9e5fff8e9efcae4f8e9a4ede5fc"><span class="__cf_email__" data-cfemail="f9899d8bd78b9c8a968c8b9a9cb9978b9ad79e968f">[email protected]</span></a>.
    Copies of comments received by NRC may be examined at the NRC 
Public Document Room, 11555 Rockville Pike, Public File Area O-1-F21, 
Rockville, Maryland. Copies of the request for an Agreement by the 
Governor of New Jersey including all information and documentation 
submitted in support of the request, and copies of the full text of the 
NRC Draft Staff Assessment are also available for public inspection in 
the NRC's Public Document Room--ADAMS Accession Numbers: ML090510713, 
ML090510708, ML090510709, ML090510710, ML090510711, ML090510712, 
ML090770116, and ML091400097.

FOR FURTHER INFORMATION CONTACT: Torre Taylor, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Telephone (301) 415-
7900 or e-mail to <a href="/cdn-cgi/l/email-protection#4f3b203d3d2a613b2e3623203d0f213d2c61282039"><span class="__cf_email__" data-cfemail="f2869d808097dc86938b9e9d80b29c8091dc959d84">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Since Section 274 of the Act was added in 
1959, the Commission has entered into Agreements with 36 States. The 
Agreement States currently regulate approximately 19,000 Agreement 
material licenses, while the NRC regulates approximately 3,400 
licenses. Under the proposed Agreement, approximately 500 NRC licenses 
will transfer to the State. The NRC periodically reviews the 
performance of the Agreement States to assure compliance with the 
provisions of Section 274.
    Section 274e requires that the terms of the proposed Agreement be 
published in the Federal Register for public comment once each week for 
four consecutive weeks. This notice is being published in fulfillment 
of that requirement.

I. Background

    (a) Section 274b of the Act provides the mechanism for a State to 
assume regulatory authority from the NRC over certain radioactive 
materials and activities that involve use of the materials. The 
radioactive materials, sometimes referred to as ``Agreement 
materials,'' are: (a) Byproduct materials as defined in Section 11e.(1) 
of the Act; (b) byproduct materials as defined in Section 11e.(2) of 
the Act; (c) byproduct materials as defined in Section 11e.(3) of the 
Act; (d) byproduct materials as defined in Section 11e.(4) of the Act; 
(e) source materials; and (f) special nuclear materials, restricted to 
quantities not sufficient to form a critical mass.
    In a letter dated October 16, 2008, Governor Corzine certified that 
the State of New Jersey has a program for the control of radiation 
hazards that is adequate to protect public health and safety within New 
Jersey for the materials and activities specified in the proposed 
Agreement, and that the State desires to assume regulatory 
responsibility for these materials and activities. Included with the 
letter was the text of the proposed Agreement, which is shown in 
Appendix A to this notice.
    The radioactive materials and activities (which together are 
usually referred to as the ``categories of materials'') that the State 
requests authority over are:
    (1) The possession and use of byproduct materials as defined in 
section 11e.(1) of the Act;
    (2) The possession and use of byproduct materials as defined in 
section 11e.(3) of the Act;
    (3) The possession and use of byproduct materials as defined in 
section 11e.(4) of the Act;
    (4) The possession and use of source materials;
    (5) The possession and use of special nuclear materials in 
quantities not sufficient to form a critical mass; and
    (6) The regulation of the land disposal of byproduct, source, or 
special nuclear waste materials received from other persons.
    (b) The proposed Agreement contains articles that:
    (i) Specify the materials and activities over which authority is 
transferred;
    (ii) Specify the activities over which the Commission will retain 
regulatory authority;
    (iii) Continue the authority of the Commission to safeguard nuclear 
materials and restricted data;
    (iv) Commit the State and NRC to exchange information as necessary 
to maintain coordinated and compatible programs;
    (v) Provide for the reciprocal recognition of licenses;
    (vi) Provide for the suspension or termination of the Agreement; 
and
    (vii) Specify the effective date of the proposed Agreement.
    The Commission reserves the option to modify the terms of the 
proposed Agreement in response to comments, to correct errors, and to 
make editorial changes. The final text of the Agreement, with the 
effective date, will be published after the Agreement is approved by 
the Commission and signed by the NRC Chairman and the Governor of New 
Jersey.

[[Page 27574]]

    (c) The regulatory program is authorized by law under the New 
Jersey Statute N.J.S.A. 26:2D-1, the Radiation Protection Act, which 
provides the Governor with the authority to enter into an Agreement 
with the Commission. New Jersey law contains provisions for the orderly 
transfer of regulatory authority over affected licensees from the NRC 
to the State. After the effective date of the Agreement, licenses 
issued by NRC would continue in effect as State licenses until the 
licenses expire or are replaced by State-issued licenses.
    The State currently regulates the users of naturally-occurring and 
accelerator-produced radioactive materials (NARM). The Energy Policy 
Act of 2005 (EPAct) expanded the Commission's regulatory authority over 
byproduct materials as defined in Sections 11e.(3) and 11e.(4) of the 
Act, to include certain naturally-occurring and accelerator-produced 
radioactive materials. On August 31, 2005, the Commission issued a 
time-limited waiver (70 FR 51581) of the EPAct requirements, which is 
effective through August 7, 2009. A plan to facilitate an orderly 
transition of regulatory authority with respect to byproduct material 
as defined in Sections 11e.(3) and 11e.(4) was noticed in the Federal 
Register on October 19, 2007 (72 FR 59158). Under the proposed 
Agreement, the State would assume regulatory authority for these 
radioactive materials. The State has proposed an effective date for the 
Agreement of no later than September 30, 2009. If the proposed 
Agreement is approved before August 7, 2009, the Commission would 
terminate the time-limited waiver in the State coincident with the 
effective date of the Agreement. However, if the Agreement is not 
approved prior to this date, NRC would have jurisdictional authority 
over all uses of byproduct material within the State. These licensees 
would have to meet NRC regulatory requirements and would have 6 months 
to apply for any necessary amendments to an NRC license they already 
possess, or 12 months to apply for a new NRC license, if needed.
    With the effective date of the New Jersey Agreement having the 
potential to occur after the expiration of the time-limited waiver, 
staff is working to ensure an efficient transition of NARM licensees in 
New Jersey within the legal requirements. The staff's objective is to 
minimize the impact to NARM licensees in New Jersey during the 
transition to NRC and then back to New Jersey's regulatory authority, 
within a short timeframe (i.e., about 7 weeks).
    (d) The NRC draft staff assessment finds that the New Jersey 
Department of Environmental Protection (NJDEP), Bureau of Environmental 
Radiation (BER), is adequate to protect public health and safety and is 
compatible with the NRC program for the regulation of Agreement 
materials.

II. Summary of the NRC Staff Assessment of the State's Program for the 
Control of Agreement Materials

    The NRC staff has examined the State's request for an Agreement 
with respect to the ability of the radiation control program to 
regulate Agreement materials. The examination was based on the 
Commission's policy statement ``Criteria for Guidance of States and NRC 
in Discontinuance of NRC Regulatory Authority and Assumption Thereof by 
States Through Agreement,'' (46 FR 7540; January 23, 1981, as amended 
by Policy Statements published at 46 FR 36969; July 16, 1981 and at 48 
FR 33376; July 21, 1983), and the Office of Federal and State Materials 
and Environmental Management Programs (FSME) Procedure SA-700, 
``Processing an Agreement'' (available at http://nrc-stp.ornl.gov/procedures/sa700.pdf and http://nrc-stp.ornl.gov/procedures/sa700_hb.pdf).
    (a) Organization and Personnel. The Agreement materials program 
will be located within the existing BER of the NJDEP. The BER will be 
responsible for all regulatory activities related to the proposed 
Agreement.
    The educational requirements for the BER staff members are 
specified in the State's personnel position descriptions, and meet the 
NRC criteria with respect to formal education or combined education and 
experience requirements. All current staff members hold a bachelor of 
science degree in physical or life sciences, with many staff holding a 
master of science degree in radiation science. All have had training 
and work experience in radiation protection. Supervisory level staff 
has at least 5 years of working experience in radiation protection, 
with most having greater than 10 years of experience.
    The State performed an analysis of the expected workload under the 
proposed Agreement. Based on the NRC staff review of the State's staff 
analysis, the State has an adequate number of staff to regulate 
radioactive materials under the terms of the Agreement. The State will 
employ a staff with the equivalent of 13.25 full-time professional/
technical and administrative employees for the Agreement materials 
program.
    The State has indicated that the BER has an adequate number of 
trained and qualified staff in place. The State has developed 
qualification procedures for license reviewers and inspectors which are 
similar to the NRC's procedures. The technical staff is accompanying 
NRC staff on inspections of NRC licensees in New Jersey. BER staff is 
also actively supplementing their experience through direct meetings, 
discussions, and facility visits with NRC licensees in the State, and 
through self-study, in-house training, and formal training.
    Overall, the NRC staff concluded that the BER technical staff 
identified by the State to participate in the Agreement materials 
program has sufficient knowledge and experience in radiation 
protection, the use of radioactive materials, the standards for the 
evaluation of applications for licensing, and the techniques of 
inspecting licensed users of Agreement materials.
    (b) Legislation and Regulations. In conjunction with the rulemaking 
authority vested in the New Jersey Commission on Radiation Protection 
(N.J.S.A. 26:2D-7), the BER has the requisite authority to promulgate 
regulations for protection against radiation. The law provides BER the 
authority to issue licenses and orders, conduct inspections, and to 
enforce compliance with regulations, license conditions, and orders. 
Licensees are required to provide access to inspectors.
    The NRC staff verified that the State adopted the relevant NRC 
regulations in 10 CFR parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 
61, 70, 71, and 150 into New Jersey Administrative Code, Title 7, 
Chapter 28. The NRC staff also approved two license conditions to 
implement Increased Controls and Fingerprinting and Criminal History 
Records Check requirements for risk-significant radioactive materials 
for certain State licensees under the proposed Agreement. These license 
conditions will replace the Orders that NRC issued (EA-05-090 and EA-
07-305) to these licensees that will transfer to the State. Therefore, 
on the proposed effective date of the Agreement, the State will have 
adopted an adequate and compatible set of radiation protection 
regulations that apply to byproduct, source, and special nuclear 
materials in quantities not sufficient to form a critical mass. The NRC 
staff also verified that the State will not attempt to enforce 
regulatory matters reserved to the Commission.
    (c) Storage and Disposal. The State has adopted NRC compatible 
requirements for the handling and storage of radioactive material. The 
State is requesting authority to regulate the land disposal of 
byproduct, source, and special nuclear waste materials received from 
other persons. The State

[[Page 27575]]

waste disposal requirements cover the preparation, classification, and 
manifesting of radioactive waste generated by State licensees for 
transfer for disposal to an authorized waste disposal site or broker. 
The State has adopted the regulations for a land disposal site but does 
not expect to need to implement them in the near future since the State 
is a member of the Atlantic Compact and has access to the waste 
disposal site, EnergySolutions Barnwell Operations, located in 
Barnwell, South Carolina.
    (d) Transportation of Radioactive Material. The State has adopted 
compatible regulations to the NRC regulations in 10 CFR part 71. Part 
71 contains the requirements licensees must follow when preparing 
packages containing radioactive material for transport. Part 71 also 
contains requirements related to the licensing of packaging for use in 
transporting radioactive materials. The State will not attempt to 
enforce portions of the regulations related to activities, such as 
approving packaging designs, which are reserved to NRC.
    (e) Recordkeeping and Incident Reporting. The State has adopted 
compatible regulations to the sections of the NRC regulations which 
specify requirements for licensees to keep records, and to report 
incidents or accidents involving Agreement materials.
    (f) Evaluation of License Applications. The State has adopted 
compatible regulations to the NRC regulations that specify the 
requirements a person must meet to get a license to possess or use 
radioactive materials. The State has also developed a licensing 
procedure manual, along with accompanying regulatory guides, which are 
adapted from similar NRC documents and contain guidance for the program 
staff when evaluating license applications.
    (g) Inspections and Enforcement. The State has adopted a schedule 
providing for the inspection of licensees as frequently as, or more 
frequently than, the inspection schedule used by the NRC. The BER has 
adopted procedures for the conduct of inspections, reporting of 
inspection findings, and reporting inspection results to the licensees. 
The State has also adopted procedures for the enforcement of regulatory 
requirements.
    (h) Regulatory Administration. The State is bound by requirements 
specified in State law for rulemaking, issuing licenses, and taking 
enforcement actions. The State has also adopted administrative 
procedures to assure fair and impartial treatment of license 
applicants. State law prescribes standards of ethical conduct for State 
employees.
    (i) Cooperation with Other Agencies. State laws provide for the 
recognition of existing NRC and Agreement State licenses. New Jersey 
has a process in place for the transition of active NRC licenses. Upon 
completion of the Agreement, all active NRC licenses issued to 
facilities in New Jersey will be recognized as NJDEP licenses. New 
Jersey will issue a brief licensing document that will include licensee 
specific information, as well as an expiration date, with a license 
condition that authorizes receipt, acquisition, possession, and 
transfer of byproduct, source, and/or special nuclear material; the 
authorized use(s); purposes; and the places of use as designated on the 
NRC license. The license condition will also commit the licensee to 
conduct its program in accordance with the NRC license and commitments. 
The NJDEP rules will govern unless the statements, representations and 
procedures in the licensee's application and correspondence are more 
restrictive than the NJDEP rules. NJDEP will then issue full NJDEP 
licenses, over approximately 13 months.
    The State also provides for ``timely renewal.'' This provision 
affords the continuance of licenses for which an application for 
renewal has been filed more than 30 days prior to the date of 
expiration of the license. NRC licenses transferred while in timely 
renewal are included under the continuation provision. New Jersey 
regulations, in N.J.A.C. 28:51.1, provide exemptions from the State's 
requirements for licensing of sources of radiation for NRC and U.S. 
Department of Energy contractors or subcontractors. The proposed 
Agreement commits the State to use its best efforts to cooperate with 
the NRC and the other Agreement States in the formulation of standards 
and regulatory programs for the protection against hazards of 
radiation, and to assure that the State's program will continue to be 
compatible with the Commission's program for the regulation of 
Agreement materials. The proposed Agreement stipulates the desirability 
of reciprocal recognition of licenses, and commits the Commission and 
the State to use their best efforts to accord such reciprocity.

III. Staff Conclusion

    Section 274d of the Act provides that the Commission shall enter 
into an Agreement under Section 274b with any State if:
    (a) The Governor of the State certifies that the State has a 
program for the control of radiation hazards adequate to protect public 
health and safety with respect to the Agreement materials within the 
State, and that the State desires to assume regulatory responsibility 
for the Agreement materials; and
    (b) The Commission finds that the State program is in accordance 
with the requirements of Subsection 274o, and in all other respects 
compatible with the Commission's program for the regulation of 
materials, and that the State program is adequate to protect public 
health and safety with respect to the materials covered by the proposed 
Agreement.
    The NRC staff has reviewed the proposed Agreement, the 
certification by the State of New Jersey in the application for an 
Agreement submitted by Governor Corzine on October 16, 2008, and the 
supporting information provided by NJDEP, BER, and concludes that the 
State of New Jersey satisfies the criteria in the Commission's policy 
statement ``Criteria for Guidance of States and NRC in Discontinuance 
of NRC Regulatory Authority and Assumption Thereof by States Through 
Agreement,'' and meets the requirements of Section 274 of the Act.
    Therefore, the proposed State of New Jersey program to regulate 
Agreement materials, as comprised of statutes, regulations, procedures, 
and staffing is compatible with the program of the Commission and is 
adequate to protect public health and safety with respect to the 
materials covered by the proposed Agreement.

    Dated at Rockville, Maryland, this 27th day of May 2009.

    For the Nuclear Regulatory Commission.
Terrence Reis,
Deputy Director, National Materials Program Directorate, Division of 
Materials Safety and State Agreements, Office of Federal and State 
Materials and Environmental Management Programs.

APPENDIX A

An Agreement Between the United States Nuclear Regulatory Commission 
and the State of New Jersey for the 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 (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

[[Page 27576]]

defined in Sections 11e.(1), (2), (3), and (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 State of New Jersey is authorized 
under The Radiation Protection Act, N.J.S.A. 26:2D-1, to enter into 
this Agreement with the Commission; and,
    Whereas, The Governor of the State of New Jersey certified on 
October 16, 2008, that the State of New Jersey (the State) has a 
program for the control of radiation hazards adequate to protect 
public health and safety with respect to the materials within the 
State covered by this Agreement and that the State desires to assume 
regulatory responsibility for such materials; and,
    Whereas, The Commission found on [date] 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 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 State acting on behalf of the State as follows:

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 State 
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 byproduct, source, or 
special nuclear waste materials 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:
    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. The regulation of byproduct material as defined in Section 
11e.(2) of the Act.

Article III

    With the exception of those activities identified in Article II, 
paragraphs 1 through 4, 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, 
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, 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 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 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, 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 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 State 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 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 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 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 [date], and shall 
remain in effect unless and until such time as it is terminated 
pursuant to Article VIII.

Done at Rockville, Maryland this [date] day of [month], [year].
    For the United States Nuclear Regulatory Commission.

Gregory B. Jaczko,
Chairman.

Done at Trenton, New Jersey this [date] day of [month], [year].
    For the State of New Jersey.

Jon S. Corzine,
Governor.
[FR Doc. E9-13580 Filed 6-9-09; 8:45 am]
BILLING CODE 7590-01-P


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