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U.S. Code as of:
01/19/04
Section 2021. Cooperation with States
(a) Purpose
It is the purpose of this section -
(1) to recognize the interests of the States in the peaceful
uses of atomic energy, and to clarify the respective
responsibilities under this chapter of the States and the
Commission with respect to the regulation of byproduct, source,
and special nuclear materials;
(2) to recognize the need, and establish programs for,
cooperation between the States and the Commission with respect to
control of radiation hazards associated with use of such
materials;
(3) to promote an orderly regulatory pattern between the
Commission and State governments with respect to nuclear
development and use and regulation of byproduct, source, and
special nuclear materials;
(4) to establish procedures and criteria for discontinuance of
certain of the Commission's regulatory responsibilities with
respect to byproduct, source, and special nuclear materials, and
the assumption thereof by the States;
(5) to provide for coordination of the development of radiation
standards for the guidance of Federal agencies and cooperation
with the States; and
(6) to recognize that, as the States improve their capabilities
to regulate effectively such materials, additional legislation
may be desirable.
(b) Agreements with States
Except as provided in subsection (c) of this section, the
Commission is authorized to enter into agreements with the Governor
of any State providing for discontinuance of the regulatory
authority of the Commission under subchapters V, VI, and VII of
this division, and section 2201 of this title, with respect to any
one or more of the following materials within the State -
(1) byproduct materials as defined in section 2014(e)(1) of
this title;
(2) byproduct materials as defined in section 2014(e)(2) of
this title;
(3) source materials;
(4) special nuclear materials in quantities not sufficient to
form a critical mass.
During the duration of such an agreement it is recognized that the
State shall have authority to regulate the materials covered by the
agreement for the protection of the public health and safety from
radiation hazards.
(c) Commission regulation of certain activities
No agreement entered into pursuant to subsection (b) of this
section shall provide for discontinuance of any authority and the
Commission shall retain authority and responsibility with respect
to regulation of -
(1) the construction and operation of any production or
utilization facility or any uranium enrichment facility;
(2) 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 disposal into the ocean or sea of byproduct, source, or
special nuclear waste materials as defined in regulations or
orders of the Commission;
(4) the disposal of such other byproduct, source, or special
nuclear material as the Commission determines by regulation or
order should, because of the hazards or potential hazards
thereof, not be so disposed of without a license from the
Commission.
The Commission shall also retain authority under any such agreement
to make a determination that all applicable standards and
requirements have been met prior to termination of a license for
byproduct material, as defined in section 2014(e)(2) of this title.
Notwithstanding any agreement between the Commission and any State
pursuant to subsection (b) of this section, the Commission is
authorized by rule, regulation, or order to 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 issued by the
Commission.
(d) Conditions
The Commission shall enter into an agreement under subsection (b)
of this section with any State if -
(1) The Governor of that State certifies that the State has a
program for the control of radiation hazards adequate to protect
the public health and safety with respect to the materials within
the State covered by the proposed agreement, and that the State
desires to assume regulatory responsibility for such materials;
and
(2) the Commission finds that the State program is in
accordance with the requirements of subsection (o) of this
section and in all other respects compatible with the
Commission's program for the regulation of such materials, and
that the State program is adequate to protect the public health
and safety with respect to the materials covered by the proposed
agreement.
(e) Publication in Federal Register; comment of interested persons
(1) Before any agreement under subsection (b) of this section is
signed by the Commission, the terms of the proposed agreement and
of proposed exemptions pursuant to subsection (f) of this section
shall be published once each week for four consecutive weeks in the
Federal Register; and such opportunity for comment by interested
persons on the proposed agreement and exemptions shall be allowed
as the Commission determines by regulation or order to be
appropriate.
(2) Each proposed agreement shall include the proposed effective
date of such proposed agreement or exemptions. The agreement and
exemptions shall be published in the Federal Register within thirty
days after signature by the Commission and the Governor.
(f) Exemptions
The Commission is authorized and directed, by regulation or
order, to grant such exemptions from the licensing requirements
contained in subchapters V, VI, and VII of this division, and from
its regulations applicable to licensees as the Commission finds
necessary or appropriate to carry out any agreement entered into
pursuant to subsection (b) of this section.
(g) Compatible radiation standards
The Commission is authorized and directed to cooperate with the
States in the formulation of standards for protection against
hazards of radiation to assure that State and Commission programs
for protection against hazards of radiation will be coordinated and
compatible.
(h) Consultative, advisory, and miscellaneous functions of
Administrator of Environmental Protection Agency
The Administrator of the Environmental Protection Agency shall
consult qualified scientists and experts in radiation matters,
including the President of the National Academy of Sciences, the
Chairman of the National Committee on Radiation Protection and
Measurement, and qualified experts in the field of biology and
medicine and in the field of health physics. The Special Assistant
to the President for Science and Technology, or his designee, is
authorized to attend meetings with, participate in the
deliberations of, and to advise the Administrator. The
Administrator shall advise the President with respect to radiation
matters, directly or indirectly affecting health, including
guidance for all Federal agencies in the formulation of radiation
standards and in the establishment and execution of programs of
cooperation with States. The Administrator shall also perform such
other functions as the President may assign to him by Executive
order.
(i) Inspections and other functions; training and other assistance
The Commission in carrying out its licensing and regulatory
responsibilities under this chapter is authorized to enter into
agreements with any State, or group of States, to perform
inspections or other functions on a cooperative basis as the
Commission deems appropriate. The Commission is also authorized to
provide training, with or without charge, to employees of, and such
other assistance to, any State or political subdivision thereof or
group of States as the Commission deems appropriate. Any such
provision or assistance by the Commission shall take into account
the additional expenses that may be incurred by a State as a
consequence of the State's entering into an agreement with the
Commission pursuant to subsection (b) of this section.
(j) Reserve power to terminate or suspend agreements; emergency
situations; State nonaction on causes of danger; authority
exercisable only during emergency and commensurate with danger
(1) The Commission, upon its own initiative after reasonable
notice and opportunity for hearing to the State with which an
agreement under subsection (b) of this section has become
effective, or upon request of the Governor of such State, may
terminate or suspend all or part of its agreement with the State
and reassert the licensing and regulatory authority vested in it
under this chapter, if the Commission finds that (1) such
termination or suspension is required to protect the public health
and safety, or (2) the State has not complied with one or more of
the requirements of this section. The Commission shall periodically
review such agreements and actions taken by the States under the
agreements to ensure compliance with the provisions of this
section.
(2) The Commission, upon its own motion or upon request of the
Governor of any State, may, after notifying the Governor,
temporarily suspend all or part of its agreement with the State
without notice or hearing if, in the judgment of the Commission:
(A) an emergency situation exists with respect to any material
covered by such an agreement creating danger which requires
immediate action to protect the health or safety of persons
either within or outside the State, and
(B) the State has failed to take steps necessary to contain or
eliminate the cause of the danger within a reasonable time after
the situation arose.
A temporary suspension under this paragraph shall remain in effect
only for such time as the emergency situation exists and shall
authorize the Commission to exercise its authority only to the
extent necessary to contain or eliminate the danger.
(k) State regulation of activities for certain purposes
Nothing in this section shall be construed to affect the
authority of any State or local agency to regulate activities for
purposes other than protection against radiation hazards.
(l) Commission regulated activities; notice of filing; hearing
With respect to each application for Commission license
authorizing an activity as to which the Commission's authority is
continued pursuant to subsection (c) of this section, the
Commission shall give prompt notice to the State or States in which
the activity will be conducted of the filing of the license
application; and shall afford reasonable opportunity for State
representatives to offer evidence, interrogate witnesses, and
advise the Commission as to the application without requiring such
representatives to take a position for or against the granting of
the application.
(m) Limitation of agreements and exemptions
No agreement entered into under subsection (b) of this section,
and no exemption granted pursuant to subsection (f) of this
section, shall affect the authority of the Commission under section
2201(b) or (i) of this title 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. For purposes of section 2201(i) of this title, activities
covered by exemptions granted pursuant to subsection (f) of this
section shall be deemed to constitute activities authorized
pursuant to this chapter; and special nuclear material acquired by
any person pursuant to such an exemption shall be deemed to have
been acquired pursuant to section 2073 of this title.
(n) "State" and "agreement" defined
As used in this section, the term "State" means any State,
Territory, or possession of the United States, the Canal Zone,
Puerto Rico, and the District of Columbia. As used in this section,
the term "agreement" includes any amendment to any agreement.
(o) State compliance requirements: compliance with section 2113(b)
of this title and health and environmental protection standards;
procedures for licenses, rulemaking, and license impact analysis;
amendment of agreements for transfer of State collected funds;
proceedings duplication restriction; alternative requirements
In the licensing and regulation of byproduct material, as defined
in section 2014(e)(2) of this title, or of any activity which
results in the production of byproduct material as so defined under
an agreement entered into pursuant to subsection (b) of this
section, a State shall require -
(1) compliance with the requirements of subsection (b) of
section 2113 of this title (respecting ownership of byproduct
material and land), and
(2) compliance with standards which shall be adopted by the
State for the protection of the public health, safety, and the
environment from hazards associated with such material which are
equivalent, to the extent practicable, or more stringent than,
standards adopted and enforced by the Commission for the same
purpose, including requirements and standards promulgated by the
Commission and the Administrator of the Environmental Protection
Agency pursuant to sections 2113, 2114, and 2022 of this title,
and
(3) procedures which -
(A) in the case of licenses, provide procedures under State
law which include -
(i) an opportunity, after public notice, for written
comments and a public hearing, with a transcript,
(ii) an opportunity for cross examination, and
(iii) a written determination which is based upon findings
included in such determination and upon the evidence
presented during the public comment period and which is
subject to judicial review;
(B) in the case of rulemaking, provide an opportunity for
public participation through written comments or a public
hearing and provide for judicial review of the rule;
(C) require for each license which has a significant impact
on the human environment a written analysis (which shall be
available to the public before the commencement of any such
proceedings) of the impact of such license, including any
activities conducted pursuant thereto, on the environment,
which analysis shall include -
(i) an assessment of the radiological and nonradiological
impacts to the public health of the activities to be
conducted pursuant to such license;
(ii) an assessment of any impact on any waterway and
groundwater resulting from such activities;
(iii) consideration of alternatives, including alternative
sites and engineering methods, to the activities to be
conducted pursuant to such license; and
(iv) consideration of the long-term impacts, including
decommissioning, decontamination, and reclamation impacts,
associated with activities to be conducted pursuant to such
license, including the management of any byproduct material,
as defined by section 2014(e)(2) of this title; and
(D) prohibit any major construction activity with respect to
such material prior to complying with the provisions of
subparagraph (C).
If any State under such agreement imposes upon any licensee any
requirement for the payment of funds to such State for the
reclamation or long-term maintenance and monitoring of such
material, and if transfer to the United States of such material is
required in accordance with section 2113(b) of this title, such
agreement shall be amended by the Commission to provide that such
State shall transfer to the United States upon termination of the
license issued to such licensee the total amount collected by such
State from such licensee for such purpose. If such payments are
required, they must be sufficient to ensure compliance with the
standards established by the Commission pursuant to section 2201(x)
of this title. No State shall be required under paragraph (3) to
conduct proceedings concerning any license or regulation which
would duplicate proceedings conducted by the Commission. In
adopting requirements pursuant to paragraph (2) of this subsection
with respect to sites at which ores are processed primarily for
their source material content or which are used for the disposal of
byproduct material as defined in section 2014(e)(2) of this title,
the State may adopt alternatives (including, where appropriate,
site-specific alternatives) to the requirements adopted and
enforced by the Commission for the same purpose if, after notice
and opportunity for public hearing, the Commission determines that
such alternatives will achieve a level of stabilization and
containment of the sites concerned, and a level of protection for
public health, safety, and the environment from radiological and
nonradiological hazards associated with such sites, which is
equivalent to, to the extent practicable, or more stringent than
the level which would be achieved by standards and requirements
adopted and enforced by the Commission for the same purpose and any
final standards promulgated by the Administrator of the
Environmental Protection Agency in accordance with section 2022 of
this title. Such alternative State requirements may take into
account local or regional conditions, including geology,
topography, hydrology and meteorology.
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