CONTENTS Page AEC proposed bill in March 1959_. Chapter 3. Reports of Federal agencies. Interstate Commerce Commission. Food and Drug Administration_. Stason, Estep, and Pierce, "State Regulation of Atomic Energy". University of Michigan "Workshops on Legal Problems of Atomic Frampton "Radiation Exposure The Need for a National Policy". Reports of Joint Federal-State Action Committee___ Adams, "Regulation of Health and Safety in Private Atomic Energy Activities: A Problem in Federal-State Relationships"- Berman and Hydeman, "A Study-Federal and State Responsibilities for Radiation Protection: The Need for Federal Legislation"- Chapter 7. Intergovernmental relationships in fields other than atomic CHAPTER 1. INTRODUCTION POLICY QUESTIONS AND ALTERNATIVES The Atomic Energy Act of 1954 provides a comprehensive framework for development and regulation of atomic energy uses by the Federal Government, but is silent as to the corresponding responsibilities and regulatory powers of State and local governments. Since 1954 the States have shown an increasing interest in the atom, and have enacted or adopted a number of State atomic energy laws and regulations. Because of doubt as to whether Congress had "preempted the field" in certain areas of Federal regulation, or whether the States were free to legislate, many persons have urged Congress to amend the Atomic Energy Act to delineate more clearly the respective areas of responsibility of the Federal Government on the one hand, and State and local governments on the other. If such an amendment to the Atomic Energy Act should be considered, the Joint Committee and the Congress should evaluate the following policy questions and alternatives, among others: 1. Division of responsibilities.-Should an amendment delineating Federal-State responsibilities in the atomic energy field provide for (a) exclusive responsibility by the Federal Government? (c) concurrent responsibility by both Federal and State Governments so that some or all radiation sources and activities would be regulated by both? (d) separated responsibilities between the Federal and State Governments so that some types of sources and activities would be subject to exclusive Federal regulation, and other types of sources and activities would be subject to exclusive State regulation? 2. Assistance to States.-In order to increase capacities of States to assume more responsibility in this field, should AEC and other Federal agencies be directed to provide increased training and other assistance to State and local authorities, or are existing methods of cooperation adequate? 3. Scope. As to the radiation sources and activities to be covered by such an amendment to the Atomic Energy Act, should it (a) apply to all materials (source, byproduct, and special nuclear) and facilities (e.g., reactors) now covered by the act and now subject to regulation by AEC? (b) apply to (a) and also (by extension of the act) to materials and radiation sources (e.g., radium, X-rays, accelerators, etc.) not now covered by the act nor regulated by AEC? (c) apply to some materials and facilities now covered by the act, but not others? 1 4. Method and time of transfer.-If some or all regulatory responsibilities are to be transferred by the Federal Government to the States, should such transfer become effective 8 as soon as the amendment becomes effective? after certification by the Governor of the State that the State is qualified? (c) after agreement betwen AEC and a State on a regulatory plan? (d) after approval by the Congress of a regulatory plan adopted by the State and recommended by AEC? (e) after approval by the Congress of an interstate compact between two or more States? 5. Transfer subject to recall.-If some or all regulatory responsibilities are to be transferred by the Federal Government to the States, should such transfer be made subject to a right of recall or reassertion of Federal authority under certain stated conditions? Would any constitutional questions be raised by such a provision? 6. AEC contractors. Should such an amendment expressly exempt AEC contractors, at AEC installations and elsewhere, and/or subcontractors from regulation by State or local agencies? 7. Federal agencies.-Should such an amendment delineate or modify areas of regulatory and promotional responsibility between various Federal agencies-such as AEC, Public Health Service, ICC, etc.? 8. Model bills and standards.-Should the AEC be directed to work continuously with the States in the development of model regulatory bills and standards? Should adoption of such standards, or other State action be made a prerequisite to transfer of regulatory? 9. Licensing of materials and activities in States. If a State should fail to provide adequate health and safety measures to protect its citizens, should AEC be directed to refuse to grant licenses for radiation sources or activities in that State? Many of these legal and policy questions are discussed in the materials in this print, and particularly in the law review articles reprinted at pages 283-455. ACTIVITIES OF FEDERAL AGENCIES The Atomic Energy Act of 1954,1 which superseded the original Atomic Energy Act of 1946,2 provides a statutory framework for development of the peaceful uses of atomic energy, and Federal regulation of most, but not all, radiation sources. Thus, the act defines three types of radioactive materials-source, byproduct, and special nuclear materials 3-and prohibits generally the possession or use of such materials except under license from the Federal Atomic Energy Commission. The act also provides that special nuclear material (which includes enriched uranium, the fuel supply of most United 168 Stat. 919, 42 U.S.C., secs. 2011-2281 (supp. IV, 1957). See Joint Committee print entitled "Atomic Energy Legislation Through 85th Congress, 2d Session," incorporating all amendments of the act to date, available upon written request to the Joint Committee. Pertinent excerpts from the act are contained in pp. 9-17 of this print. 2 60 Stat. 760, formerly classified as 42 U.S.C., secs. 1801-1819, reprinted in the Joint Committee print referred to in note 1, pp. 126–146. 3 See definitions in subsecs. e., x., and y. of sec. 11 (42 U.S.C. 2014) of the 1954 act, as amended. See licensing requirements in secs. 53, 62, 63, and 81 (42 U.S.C. 2073, 2092, 2093, and 2111) of the 1954 act, as amended, pp. 11-16 of this print. States of America reactors), shall be the property of the United States. Private ownership of "utilization facilities," or nuclear reactors, is permitted, but a construction permit and an operating license must first be obtained from the AEC, and the AEC retains continuing responsibilities as to the health and safety features by means of the license and periodic inspections throughout the life of the reactor." The AEC is admonished in many sections of the act to take appropriate steps to "protect the public health and safety," is granted broad rulemaking authority in the "health and safety" field, and authority to establish broad and comprehensive programs of research and development, inspection, and enforcement.7 8 Acting under this statutory framework, the Commission has promulgated licensing regulations which prescribe the type of information that must be submitted by applicants for a license, the criteria to evaluate applications, and other substantive and procedural requirements. In addition, part 20 of the AEC Regulations, on "Standards for Protection Again Radiation," provides maximum permissible limits on radiation exposure, limitations on waste disposal, requirements for personnel monitoring, instruction of personnel, records and reports, and other provisions prescribed for all AEC licensees. In addition to its licensing program, the AEC controls radiation sources and activities of its contractors by special contract provisions. To assist and cooperate with the States, AEC has held a conference for State officials, has established a 12-man advisory committee of State officials to consult with AEC on health and safety matters, but has not embarked on a comprehensive program to help train State and local authorities with respect to radiation hazards. Neither the AEC, nor any other Federal agency, has ever regulated certain radiation sources which are not covered by the Atomic Energy Act, including the following three general categories: natural radiation emitting elements, such as radium, which are not included in the definition of "source material" in the act; X-ray and gamma ray machines; and radioisotopes produced in high energy machines, such as particle accelerators. Regulation of these radiation sources has always been left to the States. ***" 10 Both the Atomic Energy Acts of 1946 and 1954 contained a provision authorizing the Commission “*** to utilize or employ the services or personnel of any Government agency or any State or local government Section 271 also provides that any electric power generated shall be regulated by normal Federal, State, and local regulatory agencies. However, with respect to health and safety, the act does not expressly state whether Congress intended, by 5 See sec. 52 (42 U.S.C. 2072) of the 1954 act, as amended, p. 11 of this print. For licensing of utilization and production faciilties, see secs. 101-104 (42 U.S.C. 2131-2134), of the 1954 act, as amended, pp. 14-15 of this print. For concept of construction permit, see sec. 185 of the act, p. 16 of this print. See also Joint Committee print "A Study of AEC Procedures and Organization in the Licensing of Reactor Facilities" (April 1947). For emphasis on health and safety, see licensing criteria in sections referred to in note 4 above, and also "Declaration, Findings and Purpose" in secs. 1, 2, and 3 of the act (42 U.S.C. 2011-2013). For rulemaking authority, see sec. 161 (42 U.S.C. 2201); for research authority, secs. 31-33 (42 U.S.C. 2051-2053); and enforcement authority, secs. 221-223 (42 U.S.C. 2271-2273) of the 1954 act, portions of which are reprinted in this print, pp. 9-17. For report prepared by AEC on "Federal-State Relationships in Regulating Radiation Hazards," see ch. 3 of this print, pp. 36-59. For AEC Regulations, pt. 20, see pp. 59-73. 9 See articles by Professor Frampton in ch. 6, pp. 300-319 and 362-368. 10 Subsec. f of sec. 161 of the 1954 act (42 U.S.C. 2201); and clause (6) of subsec. (a) of sec. 12 of the 1946 act. |