Final OMB Supporting Statement For 10 Cfr Part 150 (3150-0032)

FINAL OMB SUPPORTING STATEMENT FOR

10 CFR PART 150

EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

(3150-0032)

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EXTENSION

Description of the Information Collection

Section 274 of the Atomic Energy Act of 1954 provides a statutory basis under which the

U.S. Nuclear Regulatory Commission (NRC) relinquishes to the States portions of its regulatory authority to license and regulate byproduct materials (radioisotopes); source materials (uranium and thorium); and certain quantities of special nuclear materials. The mechanism for the transfer of NRC’s authority to a State is an agreement signed by the Governor of the State and the Chairman of the Commission, in accordance with section 274b of the Act. Licensees operating in these “Agreement States” are referred to in this supporting statement as “Agreement State Licensees.” A map of Agreement States and non-Agreement States is located on NRC’s website at https://scp.nrc.gov/rulemaking.html. The NRC has established compatibility requirements for Agreement States to implement their own regulations in a manner consistent with NRC regulations.

The NRC regulations in Part 150 of Title 10 of the Code of Federal Regulations (10 CFR) provide certain exemptions to persons in Agreement States from the licensing requirements contained in Chapters 6, 7, and 8 of the Atomic Energy Act of 1954, as amended, and certain regulations of the Commission. The regulations in 10 CFR Part 150 also define the Commission’s continued regulatory authority over Agreement State activities. These activities are identified in 10 CFR Part 150 and include byproduct, source, and special nuclear material reporting requirements related to reciprocity and enforcement. Information concerning the application, recordkeeping, and reporting requirements imposed by specific sections of 10 CFR Part 150 is provided below.

A. JUSTIFICATION

1. Need for the Collection of Information

10 CFR Part 150 requires telephonic notification to the NRC when an Agreement State licensee identifies attempted theft or diversion of special nuclear material, byproduct material, and tritium. This notification must be followed by a written report either 15 or 60 days after the initial report, depending on the materials involved. If additional information is available after submission of the written report, an additional report is submitted. These reports are used to inform the Commission, staff, and other Federal agencies when special nuclear material, byproduct material, or tritium is lost or stolen. The NRC also maintains a record of special nuclear material inventory transfers and receipts and generates reports to provide to several other Governments in accordance with Bilateral Agreements and the International Atomic Energy Agency (IAEA) in accordance with the U.S./IAEA Safeguards Agreement.

Detailed information on the information collection requirements is included at the end of this document in section titled, “Description of Information Collection Requirement Contained in 10 CFR Part 150.”

2. Agency Use and Practical Utility of the Information

The reports described in 10 CFR 150.16(b), 10 CFR 150.17(c), and

10 CFR 150.19(c) are evaluated and maintained by the NRC in order that the Commission may carry out its responsibility under the Atomic Energy Act of 1954, as amended, to regulate the possession and use of special nuclear material, source material, and byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

3. Reduction of Burden Through Information Technology

There are no legal obstacles to reducing the burden associated with this information collection. The NRC encourages respondents to use information technology when it would be beneficial to them. The NRC has issued Guidance for Electronic Submissions to the NRC which provides direction for the electronic transmission and submittal of documents to the NRC. Electronic transmission and submittal of documents can be accomplished via the following avenues: the Electronic Information Exchange process, which is available from the NRC's “Electronic Submittals” webpage, by Optical Storage Media (OSM) (e.g., CD-ROM, DVD), by facsimile or by email. It is estimated that approximately 99 percent of the potential responses are filed electronically.

4. Effort to Identify Duplication and Use Similar Information

No sources of similar information are available. There is no duplication of requirements.

5. Effort to Reduce Small Business Burden

The burden on licensees will vary with size and type of licensed operation. The burden on small business represents approximately five percent of the total burden. Further reduction would not enable the NRC to fulfill its international or domestic responsibilities.

6. Consequences to Federal Program or Policy Activities if the Collection is Not Conducted or is Conducted Less Frequently

If the requested information is collected less frequently, the NRC would be unable to have current knowledge of the location of nuclear materials as is required by the Atomic Energy Act of 1954, as amended.

If licensees are not required to submit these reports, the NRC will not be able to maintain material accountability under its statutory responsibilities of the Atomic Energy Act of 1954, as amended.

7. Circumstances which justify variation from Office of Management and Budget (OMB) Guidance

10 CFR 150.16(b)(1) requires licensees to make an immediate telephonic notification to the NRC Regional Office of any theft or unlawful diversion of special nuclear material or of any incident in which an attempt has been made to commit a theft or unlawful diversion of special nuclear material.

Contrary to OMB guidelines in 5 CFR 1320.5(d), § 150.16(b)(2) requires licensees to follow an initial report made under § 150.16(b)(1) with a written report that sets forth the details of the incident within 15 days. The reports are required in less than 30 days in order to permit the Regional Office to determine whether a diversion or other loss of material had occurred and to initiate prompt action in the event of such diversion or loss.

10 CFR 150.17(c)(1) and (2), requires licensees to make immediate notification or within 4 hours of discovery by telephone to the NRC Operations Center of any incident made or believed to have been made to commit a theft or unlawful diversion of more than

15 pounds of uranium or thorium at one time or 150 pounds of such material in

1 calendar year.

Contrary to OMB guidelines in 5 CFR 1320.5(d), § 150.17(c)(3) requires licensees to follow an initial report made under § 150.17(c)(1) and (2) with a written report that sets forth the details of the incident within 60 days. The reports are required in order to permit the appropriate NRC Regional Office to determine whether a diversion or other losses of material had occurred and to initiate prompt action in the event of such diversion or loss.

10 CFR 150.19(c) requires licensees to make immediate notification by telephone, mailgram, telegraph, or facsimile to the NRC Regional Office of any incident made or believed to have been made to commit a theft or unlawful diversion of more than

10 curies of tritium at one time or 100 curies of tritium in 1 calendar year.

Contrary to OMB guidelines in 5 CFR 1320.5(d), § 150.19(c) requires licensees to follow an initial report made under § 150.19(c) with a written report that sets forth the details of the incident within 15 days. The reports are required in less than 30 days in order to permit the appropriate NRC Regional Office to determine whether a diversion or other losses of material had occurred and to initiate prompt action in the event of such diversion or loss.

8. Consultations Outside the NRC

Opportunity for public comment on the information collection requirements for this clearance package was published in the Federal Register on February 4, 2022

(87 FR 6629).

The NRC staff reached out to three potential respondents (Agreement State radiation control programs) as a part of the public consultation process. The individuals that were contacted were as follows: Pennsylvania Department of Environmental Protection, North Carolina Department of Health and Human Services, and Wisconsin Department of Health Services. No comments or responses were received in response to these consultations.

9. Payment or Gift to Respondents

Not applicable.

10. Confidentiality of the Information

Confidential and proprietary information is protected in accordance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b). However, no confidential or proprietary information is requested.

11. Justification for Sensitive Questions

This information collection does not involve sensitive questions.

12. Estimated Burden and Burden Hour Cost

The total annual burden is estimated to be approximately 190 hours per year, or

23.75 hours per licensee (190 total annual reporting burden hours ÷ 8 total number of respondents = 23.75), for the licensees covered under 10 CFR Part 150. The details are shown in Table 1. The total burden hour cost for the licensees is estimated to be $54,720/year (190 total annual reporting burden hours x $288). The burden estimates are based upon the analysis of approximately 200 Agreement State reports submitted to the NRC from January 1, 2018, to December 31, 2020, and staff knowledge of the industry to make projections for the upcoming 3-year clearance period. There is no recordkeeping burden for this information collection.

The $288 hourly rate used in the burden estimates is based on the NRC’s fee for hourly rates as noted in 10 CFR 170.20 “Average cost per professional staff-hour.” For more information on the basis of this rate, see the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2021 (86 FR 32146-32183, June 16, 2021). The final rule became effective August 16, 2021.

13. Estimate of Other Additional Costs

There are no additional costs.

14. Estimated Annualized Cost to the Federal Government

The staff has developed estimates of annualized costs to the Federal Government related to the conduct of this collection of information. These estimates are based on staff experience and subject matter expertise and include the burden needed to review, analyze, and process the collected information and any relevant operational expenses. The collection of information requires a total of 30 minutes of NRC staff time to review the initial reports required by 10 CFR 150.16(b)(1), 10 CFR 150.17(c)(1) and (2) and

10 CFR 150.19(c). For approximately three reports per year, the collection requires approximately 1.5 hours annually (0.5 hours/initial report x 3 reports). The total annual cost to review the initial reports is estimated to be $432 (1.5 hours x $288/hour). There are no costs here beyond the normal labor costs.

The collection of information requires a total of 9.5 hours of NRC staff time to review the follow-up written reports required by 10 CFR 150.16(b)(2), 10 CFR 150.17(c)(3), and 10 CFR 150.19(c). For approximately three reports per year the collection requires approximately 28.5 hours total annually (9.5 hour/follow-up report x 3 reports). The total annual cost to review the follow-up/written reports is estimated to be $8208 (28.5 hours x $288/hour).

The collection of information requires a total of 80 hours for the review of an environmental assessment as specified in 10 CFR 150.31 (b)(3)(C)(iii) of Agreement State staff time. For an estimated two reports per year, the total annual cost for the Agreement States is estimated to be $46,080 ($288/hour x 160 hours).

The total annual burden for government is 190 hours (1.5 hours + 28.5 hours + 160 hours = 190) which results in an annual cost of $54,720 (190 hours x $288/hour).

15. Reasons for Change in Burden or Cost

The estimated total annual burden hours remain constant at 190 hours. However, the cost burden has increased $2470 since FY2019 from $52,250 to $54,720 because our professional hourly rate increased from $279/hr. to $288/hr.

16. Publication for Statistical Use

None.

17. Reason for Not Displaying the Expiration Date

The reporting requirements for this information collection are associated with regulations and are not submitted on instruments such as forms or surveys. For this reason, there are no data instruments on which to display an OMB expiration date. Further, amending the regulatory text of the CFR to display information that, in an annual publication, could become obsolete would be unduly burdensome and too difficult to keep current.

18. Exceptions to the Certification Statement

Not applicable.

B. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS

Not applicable.

Table 1. Annual Reporting Burden

Section	No. of Respondents	No. of Responses Per Respondent	Total Annual Responses	Burden Hours per Response	Total Annual Reporting Burden (Hours)	Cost @ $288/Hour
150.16(b)(1) Initial Report by telephone of any theft or other unlawful diversion of special nuclear material (1 gram or more of contained uranium-235, uranium-233, or plutonium)	1	1	1	.5	.5	$144
150.16(b)(2) 15-day Written Report	1	1	1	9.5	9.5	$2736
150.16(b)(3) Report of additional information to Regional Administrator	0	0	0	3	0	$0
150.17(c)(1) Initial Report by telephone of theft or unlawful diversion of more than 6.8 kilograms (kg) [15 pounds] of special nuclear material at any one time or more than 68 kg [150 pounds] of such material in any 1 calendar year	1	1	1	0.5	.5	$144
150.17(c)(2) Within 4 hours of discovery	0	0	0	0.5	0	$0
150.17(c)(3) Written Report within 60 days	1	1	1	9.5	9.5	$2,736
150.17(c)(4) Report of additional information concerning an attempted or apparent theft or diversion of source material	0	0	0	3	0	$0
150.19(c) Initial Report by telephone of an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 10 curies of such material at any one time or 100 curies of tritium in any 1 calendar year	1	1	1	0.5	0.5	$144
150.19(c) 15-day Written Follow-up Report	1	1	1	9.5	9.5	$2,736
150.31(b)(3)(C)(iii) written analysis of environmental impacts for any activity which results in the production of such byproduct material	2	1	2	80	160	$46,080
TOTALS	8		8		190	$54,720

DESCRIPTION OF INFORMATION COLLECTION REQUIREMENTS CONTAINED IN

10 CFR PART 150

EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

(3150-0032)

10 CFR 150.16(a)(1) requires that each person who transfers or receives special nuclear material in a quantity of one gram or more of contained uranium-235, uranium-233, or plutonium under an Agreement State license to complete and submit Nuclear Material Transaction Reports in computer-readable format. In addition, each person who adjusts the inventory in any manner, other than for transfers and receipts, is required to submit Nuclear Material Transaction Reports in computer-readable format. These prescribed computer-readable formats replace the U. S. Department of Energy (DOE)/NRC Form 741 which has previously been submitted in paper form.

These reports are required in order for the U.S. to fulfill its responsibilities under the U.S./IAEA Safeguards Agreement. Accounting reports for each IAEA material balance area must include inventory change reports showing all changes in the inventory of nuclear material.

The use of DOE/NRC Form 741 and its computer-readable format are approved under OMB control number 3150-0003 which should be referred to for the information collection burden and supporting data.

10 CFR 150.16(a)(2) requires each person who, pursuant to an Agreement State specific license, transfers, receives or adjust the inventory in any manner by 1 kilogram or more of uranium or thorium source material with foreign obligations; or who imports or exports 1 kilogram or more of uranium or thorium source material; or uses one kilogram or more of any uranium or thorium source material in enrichment services, downblending uranium that has an initial enrichment of the uranium-235 isotope of 10 percent or more, or in the fabrication of mixed-oxide fuels; to complete and submit Nuclear Material Transaction Reports in computer-readable format. These prescribed computer-readable forms replace the DOE/NRC Form 741 which has previously been submitted in paper form.

These reports are required in order for the U.S. to fulfill its responsibilities under the U.S./IAEA Safeguards Agreement. Accounting reports for each IAEA material balance area must include inventory change reports showing all changes in the inventory of nuclear material.

The use of DOE/NRC Form 741 and its computer-readable format are approved under OMB control number 3150-0003 which should be referred to for the information collection burden and supporting data.

10 CFR 150.16(b)(1) requires each person who, pursuant to an Agreement State license, possesses 1 gram or more of contained uranium-235, uranium-233, or plutonium to report immediately to the Regional Administrator of the appropriate NRC Regional Office by telephone, any theft or other unlawful diversion of special nuclear material which the licensee is licensed to possess or any incident in which an attempt has been made, or is believed to have been made, to commit a theft or unlawful diversion of special nuclear material.

10 CFR 150.16(b)(2) requires the licensee to follow the initial report made under § 150.16(b)(1) with a written report that sets forth the details of the incident within 15 days. The report must be sent by an appropriate method listed in § 150.4 to the Director, Office of Nuclear Material Safety and Safeguards, with a copy to the appropriate NRC Regional Office.

10 CFR 150.16(b)(3) requires each licensee, subsequent to the submission of the written reports required by § 150.16(b), to promptly inform the Regional Administrator of the appropriate NRC Regional Office by means of a written report of any substantive additional information which becomes available to the licensee concerning an attempted or apparent theft or unlawful diversion of special nuclear material.

The information submitted by licensees under this requirement is evaluated and maintained by the NRC in order that the Commission may carry out its responsibility under the Atomic Energy Act of 1954, as amended, to regulate the possession and use of special nuclear material, source material, and byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

10 CFR 150.17(a) requires each person possessing, or who had possessed in the previous reporting period, at any one time and location, under an Agreement State license, special nuclear material in a quantity totaling one gram or more of contained uranium-235,

uranium-233, or plutonium, to complete and submit Material Balance Reports in

computer-readable format concerning special nuclear material that the licensee has received, produced, possessed, transferred, consumed, disposed of, or lost. A Physical Inventory Listing Report must also be submitted with each Material Balance Report. Each person subject to this requirement is required to submit a report no later than March 31 of each year. Each licensee required to report material balance, and inventory information, as described in this part, is required to resolve any discrepancies identified during the report review and reconciliation process within 30 calendar days of notification of a discrepancy identified by NRC.

The prescribed computer-readable reports above replace DOE/NRC Form 742 and DOE/NRC Form 742C respectively, which have previously been submitted in paper form.

DOE/NRC Form 742 and its computer-readable format and DOE/NRC Form 742C and its computer-readable format are approved under OMB control number 3150-0004 and 3150-0058, respectively, and they should be referred to for the information collection burden and supporting data.

10 CFR section 150.17(b)(1) requires each person, who possesses or had possessed in the previous reporting period, at any one time and location, under an Agreement State license, one kilogram or more of uranium or thorium source material with foreign obligations, to document holdings as of September 30 each year and submit to the Commission within 30 days. Alternatively, these reports may be submitted with the licensee's material status reports on special nuclear material filed under 10 CFR Part 72 or 74.

10 CFR section 150.17(b)(2) requires each person, who possesses or had possessed in the previous reporting period, at any one time and location, one kilogram or more of uranium or thorium source material in the operation of enrichment services, downblending uranium that has an initial enrichment of the uranium-235 isotope of 10 percent or more, or in the fabrication of mixed-oxide fuels shall complete and submit Material Balance and Physical Inventory Listing Reports in computer-readable format concerning source material that the licensee has received, produced, possessed, transferred, consumed, disposed, or lost. These reports must document holdings as of September 30 of each year and be submitted to the Commission within 30 days. Alternatively, these reports may be submitted with the licensee's material status reports on special nuclear material filed under 10 CFR Part 72 or 74.

The prescribed computer-readable reports above replace DOE/NRC Form 742 and DOE/NRC Form 742C respectively, which have previously been submitted in paper form.

DOE/NRC Form 742 and its computer-readable format and DOE/NRC Form 742C and its computer-readable format are approved under OMB control number 3150-0004 and 3150-0058, respectively, and they should be referred to for the information collection burden and supporting data.

The information contained in the Material Balance Report is placed in and maintained by the Nuclear Materials Management and Safeguards System, pursuant to the Commission's responsibility under Section 161 of the Atomic Energy Act of 1954, as amended, to establish such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material, as it deems necessary or desirable to promote the common defense and security.

10 CFR 150.17(c)(1) requires each licensee who is authorized to possess uranium or thorium pursuant to a specific license to notify the NRC Headquarters Operations Center by telephone of any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 6.8 kilograms (kg) [15 pounds] of such material at any one time or more than 68 kg [150 pounds] of such material in any one calendar year.

10 CFR 150.17(c)(2) requires the licensee to notify the NRC as soon as possible, but within

4 hours of discovery of any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of such material.

10 CFR 150.17(c)(3) requires that the initial notification be followed, within a period of 60 days, by a written follow-up notification. A copy of the written follow-up notification is required to be sent to the appropriate NRC Regional Office and to the Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission.

10 CFR 150.17(c)(4) requires the licensee to promptly update the written follow-up notification with any substantive additional information, which becomes available to the licensee, concerning an attempted or apparent theft or unlawful diversion of source material.

The information submitted by licensees under this requirement is evaluated and maintained by NRC in order that the Commission may carry out its responsibility under the Atomic Energy Act of 1954, as amended, to regulate the possession and use of special nuclear material, source material, and byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

10 CFR 150.17a(c)(1) requires an applicant for an Agreement State license or certificate, and each recipient of any Agreement State license or certificate to submit facility information in response to a written request by the Commission, as described in 10 CFR 75.10, on IAEA Form N-71, “IAEA Design Information Questionnaire All Facilities,” and associated forms, and site information on DOC/NRC Form AP-A and associated forms.

Form N-71 and associated forms and DOC/NRC Forms AP-1 or AP-A and associated forms are approved under OMB control numbers 3150-0056 and 0694-0135 respectively, and they should be referred to for the information collection burden and supporting data.

10 CFR 150.17a(c)(2) states that the Additional Protocol requires each applicant for an Agreement State license or certificate, and each recipient of any Agreement State license or certificate to submit location information described in 10 CFR 75.11 of this chapter, on DOC/NRC Form AP-1 and associated forms.

DOC/NRC Forms AP-1 or AP-A and associated forms are approved under OMB control number 0694-0135 which should be referred to for the information collection burden and supporting data.

10 CFR 150.17a(d) requires each applicant for an Agreement State license or certificate, and each recipient of any Agreement State license or certificate to submit facility information in response to a written request by the Commission, as described in 10 CFR 75.10, on IAEA Form N-71 and associated forms, site information on DOC/NRC Form AP-A and associated forms, and to submit location information described in 10 CFR 75.11, on DOC/NRC Form AP-1 and associated forms; to permit verification thereof by the IAEA and take other action that might be necessary to implement the US/IAEA Safeguards Agreement, and the Additional Protocol.

Form N-71 and associated forms and DOC/NRC Forms AP-1 or AP-A and associated forms are approved under OMB control numbers 3150-0056 and 0694-0135 respectively, and they should be referred to for the information collection burden and supporting data.

The NRC staff review the information submitted by applicants to determine if it is complete and meets the requirements set out in 10 CFR 75.11.

10 CFR 150.19(c) requires that each person who, pursuant to an Agreement State license, is authorized to possess tritium reports promptly to the appropriate NRC Regional Office by telephone and telegraph, mailgram, or facsimile any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than

10 curies of such material at any one time or 100 curies of such material in any one calendar year. The initial report must be followed within a period of 15 days by a written report that sets forth the details of the incident and its consequences. The report must be submitted to the Director, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in 10 CFR 150.4, with a copy to the appropriate NRC Regional Office. Subsequent, to the submission of the written report, each person is required to promptly inform the appropriate NRC Regional Office by means of a written report of any substantive additional information, which becomes available to such person, concerning an attempted or apparent theft or unlawful diversion of tritium.

The information submitted by the licensees under this requirement is evaluated and maintained by the NRC in order that the Commission may carry out its responsibility under the Atomic Energy Act of 1954, as amended, to regulate the possession and use of special nuclear material, source material, and byproduct material as necessary to promote the common defense and security, protect health, and minimize danger to life or property.

10 CFR 150.20(b)(1) requires any Agreement State licensee engaging in activities in

non-Agreement States under the general license established in Section 150.20(a) to, at least

3 days prior to engaging in such activity for the first time in a calendar year, file a submittal containing an NRC Form 241, Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters, and a copy of its Agreement State specific license and the appropriate fee with the appropriate NRC Regional Office. If a submittal cannot be filed 3 days before engaging in activities under reciprocity, the Regional Administrator may waive the 3-day time requirement provided the licensee: (i) Informs the Region by telephone, facsimile, and NRC Form 241, or letter of initial activities or revisions to the information submitted on the initial NRC Form 241; and (ii) Within 3 days after the notification, files an NRC Form 241, a copy of the Agreement State license, and the fee payment.

NRC Form 241 is approved under OMB control number 3150-0013 which should be referred to for the information collection burden and supporting data.

10 CFR 150.20(b)(2) requires any person engaging in activities in non-Agreement States, in areas of exclusive Federal jurisdiction to file an amended NRC Form 241 or letter with the Regional Administrator to request approval for changes in work locations, radioactive material, or work activities different from the information contained on the initial NRC Form 241.

NRC Form 241 is approved under OMB control number 3150-0013 which should be referred to for the information collection burden and supporting data.

10 CFR 150.31(a) requires that prior to November 8, 1981, in the licensing and regulation of byproduct material, or any activity which results in the production of such byproduct material, Agreement States require compliance with the provisions of Appendix A of 10 CFR Part 40 pertaining to ownership of such byproduct material and disposal sites for such material.

10 CFR 150.31(b)(1) requires that after November 8, 1981, in the licensing and regulation of byproduct material, as defined in § 150.3(c)(2) of this part, or of any activity which results in the production of such byproduct material, an Agreement State shall require compliance with the requirements in Appendix A of 10 CFR Part 40 pertaining to ownership of such byproduct material and disposal sites for such material.

10 CFR 150.31(b)(2) requires that after November 8, 1981, in the licensing and regulation of byproduct material, as defined in § 150.3(c)(2) of this part, or of any activity which results in the production of such byproduct material, an Agreement State shall require compliance with standards which shall be adopted by the Agreement 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 in Appendix A of 10 CFR Part 40 of this chapter adopted and enforced by the Commission for the same purposes, including requirements and standards subsequently promulgated by the Commission and the Administrator of the Environmental Protection Agency pursuant to the Uranium Mill Tailing Radiation Control Act of 1978;

10 CFR 150.31(b)(3)(iii) requires that after November 8, 1981, in the licensing and regulation of byproduct material, as defined in § 150.3(c)(2) of this part, or of any activity which results in the production of such byproduct material, an Agreement State shall require compliance with procedures which require for each licensing action which has a significant impact on the human environment, a written analysis by the appropriate State agency of the impact of such licensing action, including any activities conducted pursuant thereto, on the environment. Such analysis shall include: (A) an assessment of the radiological and non-radiological impacts to the public health of the activities to be conducted pursuant to such licenses; (B) an assessment of any impact on any waterway and groundwater resulting from such activities; (C) consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted pursuant to such license; and (D) 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 in 10 CFR 150.3(c)(2).

10 CFR 150.31(d) requires that in adopting requirements pursuant to paragraph (b)(2) of this section, 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 the 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

non-radiological hazards associated with the 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 275. Alternative State requirements may take into account local or regional conditions, including geology, topography, hydrology, and meteorology.