73 S T A T. ]
P U B U C L W 86-373-SEPT. 23, 1959 A
"(5) to provide for coordination of the development of radiation standards for the guidance of Federal agencies and cooperation with the States; and "(6) to recognize that, as the States improve their capabilities to regulate effectively such materials, additional legislation may be desirable, "b. Except as provided in subsection c, the Commission is author- Agreements with ized to enter into agreements with the Governor of any State provid- States. ing for discontinuance of the regulatory authority of the Commission 42 under chapters 6, 7, and 8, and section 161 of this Act, with respect 2112, U S C 20712201. to any one or more of the following materials within the State— " (1) byproduct materials; " (2) source materials; "(3) special nuclear materials in quantities not sufficient to form a critical mass. During the duration of such an agreement it is recognized that the State shall have authority to regulate the materials covered by the agreement for the protection of the public health and safety from radiation hazards. "c. No agreement entered into pursuant to subsection b. shall provide for discontinuance of any authority and the Commission shall retain authority and responsibility with respect to regulation of— "(1) the construction and operation of any production or utilization facility; "(2) the export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility; "(3) the disposal into the ocean or sea of byproduct, source, or special nuclear waste materials as defined m regulations or orders of the Commission; "(4) the disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission. Notwithstanding any agreement between the Commission and any State pursuant to subsection b., the Commission is authorized by rule, regulation, or order to require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license issued by the Commission. "d. The Commission shall enter into an agreement under subsec- Conditions. tion b. of this section with any State if— "(1) The Governor of that State certifies that 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 the proposed agreement, and that the State desires to assume regulatory responsiblity for such materials; and " (2) the Commission finds that the State program is compatible with the Commission's program for the regulation of such materials, and that the State program is adequate to protect the public health and safety with respect to the materials covered by the proposed agreement, u "e. (1) Before any agreement under subsection b. is signed by the.PR.b l i c ation i n Commission, the terms of the proposed agreement and of proposed exemptions pursuant to subsection f. shall be published once each week
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