NEW MEXICO

Discontinuance of Certain Commission Regulatory Authority and Responsibility. Within the State.

Notice is hereby given that William O. Doub, Commissioner of the Atomic Energy Commission, and the Honorable Bruce King, Governor of the State of New Mexico, have signed the agreement set forth below for discontinuance by the Commission and assumption by the State of certain Commission regulatory authority. The agreement is published in accordance with the requirements of Public Law 86-373 (section 274 of the Atomic Energy Act of 1954, as amended). The exemptions from the Commission's licensing authority have been published in the FEDERAL REGISTER and codified as Part 150 of the Commission's' regulations in Title 10 of the Code of Federal Regulations.

Dated at Germantown, Maryland, this 19th day of April 1974.

For the Atomic Energy Commission.

PAUL C. BENDER, Secretary of the Commission. AGREEMENT BETWEEN THE UNTIED STATIS ATOMIC ENERGY COMMISSION AND THE STATE or NEW MEXICO POR DISCONTINUANCE OF . CERTAIN COMMISSION REGULATORY AUTHORITY AND RESPONSIBILITY WITHLY THE STAZZ PURSUANT TO SECTION 2.4 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

WHEREAS, The United States Atomic Energy Commission (hereinafter referred to as the Commission) is authorized under Section 274 of the Atomic Energy Act of 1954. as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission within the State under Chapters 6, 7, and 8. and Section 161 of the Act with respect to byproduct materials, source materials, and special nuclear materials m quantities not sumcient to form a critical mass and

WHEREAS, The Governor of the State of New Mexico is authorized under Chapter 284, Section 12-9-11, Laws of 1971 to enter into this Agreement with the Commission; and

WHEREAS, The Governor of the State of New Mexico certed on July 2, 1973, that the State of New Mexico (hereinafter re ferred to as 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 this Agreement, and that the State destres to assume regulatory responsibility for such materials; and

WHEREAS, The Commission found on March 29, 1974, 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 the public health and safety, and

WHEREAS, The State and the Commation 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 reciprocal recognition of licenses and exemptions from licensing of these materials subject to this Agreement; and

WHEREAS, This Agreement is entered into pursuant to the provisions of the Atomic Exey Act of 1954, as amended:

NOW. THEREFORE, It is hereby agreed between the Commission and the Governor of the State, acting in behalf of the State, as follows:

ARTICLE İ

Subject to the exceptions provided in Árticles II, and IV. the Commission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters 6, T, and S, and Section 161 of the Act with respect to the following materials:

A. Byproduct materials;

B. Source materials; and

C. Special nuclear materials in quantities not succeat to form a critical mass.

November 17, 1975)

Title 10-Energy

CHAPTER NUCLEAR REGULATORY
COMMISSION

PART 40-LICENSING OF SOURCE
MATERIAL

PART 70-SPECIAL NUCLEAR
MATERIAL

Effluent Monitoring and Reporting
Requirements

On October 31, 1974, the Atomic Energy Commission published in the FEDERAL REGISTER (39 FR 38392) pro- posed amendments to its regulations 10 CFR Part 40, "Licensing of Source Material," and 10 CFR Part 70, "Special Nuclear Material," which would specify reporting requirements regarding results of monitoring for radionuclides in gaseous and liquid emuents released to unrestricted areas from uranium milling, uranium hexaduoride production and. other licensed fuel cycle activities in which special nuclear material is used.

Interested persons were invited to submit written comments or suggestions in connection with the proposed amendments by December 2, 1974 The comments received favored the adoption of the amendments but suggested changes in the proposed frequency of the reports and imposition of a requirement that licensees also file such reports with the appropriate State agency. None of the comments were substantive technical comments of an adverse nature. The reported effluent monitoring results will be public information available to anyone on request. The matter of environmental monitoring is a separate consideration of the regulations. Upon consideration of the comments received and other factors involved, the Commission has adopted the proposed amendments without modication, except for changing the proposed 70.57 to 70.59.

On October 11, 1974 the Energy Reorganization Act of 1974 (Pub. L. 93-438; 88 Stat. 1233) was enacted into law. This Act abolished the Atomic Energy Commission and, by section 201 established the Nuclear Regulatory Commission (effective January 19, 1975) (E. O. 11834) and transferred to that-Commission all of the licensing and related regulatory functions of the Atomic Energy Commission. In addition, section 301 of the Energy Reorganization Act provides that any proceedings pending before the AEC at the time of its abolition shall, to the extent that such proceedings relate to functions transferred by the Act, be .continued...

The amendments do not impose new restrictions on the concentration or amounts of emuents released to unrestricted areas from licensed activities, nor do they add any measurement requirements nor modify the concept of maintaining radiation exposures and releases of radioactive materials in eœuents to unrestricted areas as low as is practicably achievable, as specified in 10 CFR 20.1...

The amendments require each licensee authorized to engage in uranium müling, or the production of uranium hexafluoride, or licensed to possess or use special nuclear materials for fuel fabriIcation and processing, conversion of uranium hexafuoride or scrap recovery to submit semiannual reports of the quantities of radioactive materials released to unrestricted areas. If quantities released during the reporting period are significantly above design objectives, the licensee will be required to cover that fact specifically in its reports. The information received from the licensee will provide an improved technical basis from which the Commission will continue to evaluate the potential radiation dose commitment to the public resulting from the normal operations of such facilities.