Under federal law, the commercial use of most types of radioactive materials in the United States is controlled by the Nuclear Regulatory Commission (NRC). A company that wants to use radioactive materials obtains a license from the NRC. The NRC inspects each licensed facility periodically to ensure that it is complying with all applicable regulations and the requirements of its license.
Federal law also permits a state to reach an agreement with the NRC allowing that state to regulate the use of the NRC-licensed radioactive materials within its borders. That state is then called an NRC Agreement State. Thirty states are now Agreement States, but Ohio is not. State statute permits Ohio to seek NRC Agreement State status. As an Agreement State, Ohio would assume most of the regulatory responsibilities that the NRC now has within the state, including regulating the construction and operation of Ohio's low-level radioactive waste disposal facility. Regulation of nuclear power plants cannot be delegated to a state, although Ohio participates with the NRC in a joint inspection and observation program at these plants.
This fact sheet discusses how a state becomes an Agreement State, why Ohio is applying to become an Agreement State, and the status of Ohio's efforts to become an Agreement State.
A governor may notify the NRC by letter that his or her state wishes to become an NRC Agreement State. After being notified of a state's intent to pursue Agreement State status, the NRC works with the state government to develop the capability to perform the tasks required under the Agreement State program. Before the NRC transfers authority to a state, the state must show that it can properly regulate the use of radioactive materials.
The state must write its own regulations governing the use of radiation and radioactive materials. When NRC Agreement State status is approved, these regulations will replace NRC regulations, Title 10 of the Code of Federal Regulations (10 CFR), within the borders of the state. State regulations must conform to Federal regulations in certain areas which the NRC feels are key (such as allowable radiation exposure) and must be at least as strict as NRC regulations in all areas. In some cases, a state's regulations may be more stringent than Federal regulations.
Prior to becoming an Agreement State, the state must hire and train a sufficient number of people to enforce the regulations. The competence of the technical staff must be maintained at a level acceptable to the NRC after Agreement State status has been granted.
Once the regulations are written and the state is prepared to assume regulatory responsibility, a formal application, signed by the Governor, is forwarded to the NRC. The NRC then reviews the application package and announces in the Federal Register that the state wishes to become an Agreement State. The public will have an opportunity to send written comments to the NRC following the Federal Register announcement. If the NRC determines that the state is competent to take on Agreement State responsibilities, it will approve the application. When the Agreement State status is granted:
The Ohio Department of Health, Bureau of Diagnostic Safety and Personnel Certification, currently regulates radiation generating machines such as x-ray machines. The Department's Bureau of Radiation Protection regulates radiation from naturally-occurring and accelerator-produced radioactive materials which are commonly used in medicine and research. Regulating these sources of radiation has always been the responsibility of the State. If Ohio becomes an Agreement State, the Ohio Department of Health, Bureau of Radiation Protection, would have responsibility for regulating many of the NRC-controlled facilities in the state, including the low-level radioactive waste disposal facility. The Ohio Department of Health has said that, with control of the additional facilities, it can develop a comprehensive radiation safety program that will serve Ohioans better than the current system for several reasons including:
In 1991, the Governor of Ohio notified the Nuclear Regulatory Commission that Ohio might be interested in becoming an NRC Agreement State. In 1995, the state statute that provided for the location, construction, and operation of a low-level radioactive waste disposal facility in Ohio, designated the Department of Health as Ohio's Radiation Control Agency. It also required that the Department of Health use regulations compatible with and at least as stringent as NRC regulations. In addition, the Department of Health has begun to hire and train personnel necessary to meet the requirements to become an Agreement State.
Federal law does not permit the NRC to delegate its responsibility for regulating Ohio's nuclear power plants when Ohio becomes an Agreement State. In addition, the NRC will continue to regulate the Portsmouth Gaseous Diffusion Plant, now owned and operated by the United States Enrichment Corporation. Facilities such as the Fernald Environmental Management Project (near Cincinnati) and Mound Laboratories (near Dayton) are owned and operated by the Department of Energy (DOE) and have never been regulated by the NRC. As long as they continue to operate under DOE regulations, by the State of Ohio will have oversight through an Agreement in Principle with the Department of Energy.
The NRC will not allow Ohio to become an Agreement State unless it determines that Ohio can properly oversee the regulatory process. The NRC will then periodically monitor Ohio's work as an Agreement State. If the NRC determines that radioactive materials are not being controlled acceptably by the state, the NRC can take this authority back from the state. In addition, if Ohio decides that it no longer wants to be an Agreement State, it can request that the NRC resume its previous duties.
If you would like to read more about NRC Agreement States, some of the materials below may be helpful.
Ohio Department of Health, Radiological Health Program, "Agreement State Status for the State of Ohio", March 4, 1991.
Ohio Revised Code, Section 3748.03
Atomic Energy Act Section 274 (42 USC 2011) "Cooperation with States"
Dr. Audeen W. Fentiman is an Associate Professor in Nuclear Engineering at The Ohio State University. P. Andrew Karam is a Certified Health Physicist and a Graduate Research Associate in Geology. Ronald B. Meyers is a Graduate Research Associate, Ohio State University Extension.
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