Management Directive 5.8 for comment

U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD)

MD 5.8

PROPOSED SECTION 274B AGREEMENTS
WITH STATES

DT-13-11

Volume 5

Governmental Relations and Public Affairs

Approved by:

John LubinskiMark A. Satorius, Director
Office of Nuclear Material Safety and SafeguardsFederal and State
Materials and Environmental Management Programs

Date Approved:

June 25, 2013

Expiration Date: June 25, 2018
Issuing Office:

Office of Nuclear Material Safety and SafeguardsFederal and State
Materials and Environmental Management
Programs
Division of Materials Safety, Security, State, and Tribal Programs and State
Agreements

Contact Name:

Stephen Poy
301-415-7135

EXECUTIVE SUMMARY
Directive and Handbook 5.8 are being revised to include the formation of the Office of Federal
and State Materials and Environmental Management Programs and its jurisdiction over
11e.(3) (discrete sources of radium-226 and accelerator-produced radioactive materials) and
11e.(4) (discrete sources of radioactive material) as required by the Energy Policy Act of
2005. This revision also reflects the reorganization and subsequent changed responsibilities
of the Office of Nuclear Material Safety and Safeguards.
Directive and Handbook 5.8 are being revised to update the language in the standard
agreement made by the Commission as a result of the Vermont Agreement. This revision
also reflects the reorganization and subsequent changed responsibilities of the Office of
Nuclear Material Safety and Safeguards.

TABLE OF CONTENTS
I.

POLICY ................................................................................................................................ 2

Formatted: Normal

MD 5.8

PROPOSED SECTION 274B AGREEMENTS WITH
STATES

Date Approved: 06/25/2013

II.

OBJECTIVE ......................................................................................................................... 2

III.

ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY........... 2
A. Commission.................................................................................................................... 2
B. Executive Director for Operations (EDO) ....................................................................... 2
C. Office of the General Counsel (OGC) .......................................................................... 32
D. Director, Office of Nuclear Material Safety and SafeguardsFederal and
State Materials and Environmental Management Programs
(NMSSFSME)................................................................................................................. 3
E. Director, Office of Nuclear Security and Incident Response (NSIR) ............................ 43
F. Office Directors and Regional Administrators .............................................................. 43

IV.

APPLICABILITY ................................................................................................................ 54

V.

DIRECTIVE HANDBOOK .................................................................................................. 54

VI.

REFERENCES................................................................................................................... 54

I. POLICY
It is the policy of the U.S. Nuclear Regulatory Commission to implement procedures for the
establishment of new agreements with individual States pursuant to Section 274b. of the
Atomic Energy Act of 1954, as amended, and the Energy Policy Act of 2005.
II. OBJECTIVE
Establish a system for an orderly transition in the discontinuance of certain regulatory
authority by NRC with assumption thereof by the State through a standard agreement or
amendment.
III. ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY
A. Commission
1. Approves requests from a Governor to enter into an agreement under Section 274 of
the Atomic Energy Act of 1954, as amended.
2. Approves policy matters related to NRC's Agreement State Program.
B. Executive Director for Operations (EDO)
Provides management direction and oversight for the activities described herein.
For the latest version of any NRC directive or handbook, see the online MD Catalog.

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MD 5.8

PROPOSED SECTION 274B AGREEMENTS WITH
STATES

Date Approved: 06/25/2013

C. Office of the General Counsel (OGC)
1. Consults with the Director of the Office of Nuclear Material Safety and
SafeguardsFederal and State Materials and Environmental Management Programs
(NMSSFSME) concerning the legality of the proposed agreement or amendment.
2. Appoints principal working-level contacts for legal review of the proposed agreement
or amendment.
3. Reviews, comments, and concurs, as appropriate, on the legality of the proposed
agreement or amendment and the final Commission paper.
D. Director, Office of Nuclear Material Safety and SafeguardsFederal and State
Materials and Environmental Management Programs (NMSSFSME)
1. Coordinates the review and action on a State's request for a Section 274b.
agreement or amendment to a 274b. agreement with the cognizant regional
administrator and office directors, including the planning meetings with the State to
discuss issues related to the request.
2. Identifies an NRC contact, prepares correspondence to the State, as appropriate,
and provides a schedule for accomplishing staff work on the agreement request.
3. Reviews a State's request for a Section 274b. agreement or amendment to an
agreement to determine the adequacy and compatibility of the State's program.
4. Prepares a Commission paper that includes the staff assessment of the State's
request and a proposed Federal Register notice, publishing this information for public
comment for 4 consecutive weeks according to the Atomic Energy Act.
5. Prepares a Commission paper for final approval of the State's request by the
Commission. The paper is coordinated with the Office of the General Counsel
(OGC) and affected offices and provides an analysis and response to public
comments.
6. Prepares the approved agreement for the signature of the Chairman and the
Governor. Arranges all post-signing coordination for the transfer of regulatory
authority under the effective agreement.
7. Coordinates the electronic and paper file transfer of license files and other
appropriate material for sealed source and devices registrations, and complex
materials sites, and uranium recovery operating and decommissioning sites when
the agreement is effective.
For the latest version of any NRC directive or handbook, see the online MD Catalog.

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MD 5.8

PROPOSED SECTION 274B AGREEMENTS WITH
STATES

Date Approved: 06/25/2013

E. Director, Office of Nuclear Security and Incident Response (NSIR)
1. Consults with the Director of NMSSFSME concerning the proposed agreement or
amendment.
2. Appoints principal working-level contacts for review of the proposed agreement or
amendment.
3. Reviews and comments for concurrence, if appropriate, on the proposed agreement
or amendment and the final Commission paper.
F. Office Directors and Regional Administrators
1. Consult with the Director of NMSSFSME concerning the proposed agreement or
amendment.
2. Appoint principal working-level contacts for review of the proposed agreement or
amendment.
3. Assist in the coordination of the review and action on State requests for Section
274b. agreements or amendments to 274b. agreements, including the planning of
meetings with the State to discuss issues related to the request.
4. Review and comment for concurrence, as applicable, on the proposed agreement or
amendment and the final Commission paper.
5. Before the agreement is signed, coordinate with the State on the licenses and
contaminated or potentially contaminated sites and decommissioning records to be
transferred when the agreement is effective.
6. Provide the opportunity for license reviewers and inspectors from the State seeking
an agreement to review regional licensing casework in progress and observe NRC
inspections at the facilities of licensees in that State.
7. When the agreement is effective, coordinate the transfer of licenses, license files,
and other appropriate material, including meeting with representatives of the
applicable State to describe and explain licenses and files that will be transferred to
the State.
8. Ensure, to the extent practicable, that licensing and inspection backlogs do not exist
for licensees in the State seeking an agreement.

For the latest version of any NRC directive or handbook, see the online MD Catalog.

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MD 5.8

PROPOSED SECTION 274B AGREEMENTS WITH
STATES

Date Approved: 06/25/2013

IV. APPLICABILITY
The policy and guidance in this directive and handbook apply to all NRC employees who
process a request for a Section 274b. agreement or amendment.
V. DIRECTIVE HANDBOOK
Handbook 5.8 contains an overview of the process, guidelines, and a copy of a standard
agreement.
VI. REFERENCES
Federal Register Documents
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
48 FR 33376, July 21, 1983).
Statement of Principles and Policy for the Agreement State Program; Policy Statement
on Adequacy and Compatibility of Agreement State Programs (62 FR 46517-46525),
September 3, 1997.Agreement State Program Policy Statement; (82 FR 48535),
October 18, 2017.
Evaluation of Agreement State Radiation Control Programs (60 FR 54734, October 25,
1995).
Nuclear Regulatory Commission Documents
Office of Nuclear Material Safety and SafeguardsFederal and State Materials and
Environmental Management Programs Procedures—
SA-700, “Processing an Agreement,” available at
http://scp.nrcnrc-stp.ornl.gov/procedures/sa700.pdf

Field Code Changed

United States Code

Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.).
Energy Policy Act of 2005, Pub. L. 109-58.

For the latest version of any NRC directive or handbook, see the online MD Catalog.

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