State of Connecticut: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the State of Connecticut, 15259-15263 [2025-05140]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 90, Number 67 (Wednesday, April 9, 2025)]
[Notices]
[Pages 15259-15263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05140]


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NUCLEAR REGULATORY COMMISSION

[NRC-2025-0010]


State of Connecticut: NRC Staff Assessment of a Proposed 
Agreement Between the Nuclear Regulatory Commission and the State of 
Connecticut

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed state agreement; request for comment.

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SUMMARY: As required by section 274e. of the Atomic Energy Act of 1954, 
as amended (AEA), the U.S. Nuclear Regulatory Commission (NRC or 
Commission) is publishing the proposed Agreement for public comment 
(Appendix A). The NRC is also publishing the summary of a draft 
assessment by the NRC staff of the State of Connecticut's regulatory 
program. Comments are requested on the proposed Agreement and its 
effect on public health and safety. Comments are also requested on the 
draft staff assessment, the adequacy of the State of Connecticut's 
program, and the adequacy of the staffing of the State's program, as 
discussed in this document.

DATES: Submit comments by April 18, 2025. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0010. Address 
questions about Docket IDs in Regulations.gov to Bridget Curran; 
telephone: 301-415-1003; email: [email protected]. For technical 
questions, contact the individuals listed in the For Further 
Information Contact section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Duncan White, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-2598; email: 
[email protected] or Huda Akhavannik, Office of Nuclear Material 
Safety and Safeguards; telephone: 301-415-5253; email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2025-0010 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0010.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2025-0010 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit

[[Page 15260]]

comment submissions to remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

SUPPLEMENTARY INFORMATION: By letter dated October 31, 2024, Governor 
Ned Lamont of the State of Connecticut requested that the U.S. Nuclear 
Regulatory Commission (NRC or Commission) enter into an Agreement with 
the State of Connecticut as authorized by Section 274b. of the Atomic 
Energy Act of 1954, as amended (AEA). Under the proposed Agreement, the 
Commission would discontinue, and the State of Connecticut would 
assume, regulatory authority over certain types of byproduct materials 
as defined in the AEA, source material, and special nuclear material in 
quantities not sufficient to form a critical mass.

II. Additional Information on Agreements Entered Under Section 274 of 
the AEA

    Under the proposed Agreement, the NRC would discontinue its 
authority over 104 licenses and would transfer its regulatory authority 
over those licenses to the State of Connecticut. The NRC periodically 
reviews the performance of the Agreement States to assure compliance 
with the provisions of Section 274.
    Section 274e. of the AEA requires that the terms of the proposed 
Agreement be published in the Federal Register for public comment once 
each week for four consecutive weeks. This is the final document 
published in fulfillment of that requirement.

III. Proposed Agreement With the State of Connecticut

Background

    (a) Section 274b. of the AEA provides the mechanism for a State to 
assume regulatory authority from the NRC over certain radioactive 
materials and activities that involve use of these materials. The 
radioactive materials, sometimes referred to as ``Agreement 
materials,'' are byproduct materials as defined in Sections 11e.(1), 
11e.(2), 11e.(3), and 11e.(4) of the AEA; source material as defined in 
Section 11z. of the AEA; and special nuclear material as defined in 
Section 11aa. of the AEA, restricted to quantities not sufficient to 
form a critical mass.
    The radioactive materials and activities (which together are 
usually referred to as the ``categories of materials'') that the State 
of Connecticut requests authority over are:
    1. The possession and use of byproduct material as defined in 
Section 11e.(1) of the Act;
    2. The possession and use of byproduct material as defined in 
Section 11e.(3) of the Act;
    3. The possession and use of byproduct material as defined in 
Section 11e.(4) of the Act;
    4. The possession and use of source material; and
    5. The possession and use of special nuclear material, in 
quantities not sufficient to form a critical mass.
    (b) The proposed Agreement contains articles that:
    (i) Specify the materials and activities over which authority is 
transferred;
    (ii) Specify the materials and activities over which the Commission 
will retain regulatory authority;
    (iii) Continue the authority of the Commission to safeguard special 
nuclear material, protect restricted data, and protect common defense 
and security;
    (iv) Commit the State of Connecticut and the NRC to exchange 
information as necessary to maintain coordinated and compatible 
programs;
    (v) Provide for the reciprocal recognition of licenses;
    (vi) Provide for the suspension or termination of the Agreement; 
and
    (vii) Specify the effective date of the proposed Agreement.
    The Commission reserves the option to modify the terms of the 
proposed Agreement in response to comments, to correct errors, and to 
make editorial changes. The final text of the proposed Agreement, with 
the effective date, will be published after the Agreement is approved 
by the Commission and signed by the NRC Chairman and the Governor of 
Connecticut.
    (c) The regulatory program is authorized by law under the 
Connecticut General Statutes (Conn. Gen. Stat.) Title 22a, Chapter 
446a, Section 22a-152 (Sec.  22a-152), which provides the Governor with 
the authority to enter into an Agreement with the Commission. The State 
of Connecticut law contains provisions for the orderly transfer of 
regulatory authority over affected licenses from the NRC to the State. 
In a letter dated October 31, 2024, Governor Lamont certified that the 
State of Connecticut has a program for the control of radiation hazards 
that is adequate to protect public health and safety within the State 
of Connecticut for the materials and activities specified in the 
proposed Agreement, and that the State desires to assume regulatory 
responsibility for these materials and activities. After the effective 
date of the Agreement, licenses issued by the NRC would continue in 
effect as State of Connecticut licenses until the licenses expire or 
are replaced by State-issued licenses.
    (d) The draft staff assessment finds that the Connecticut 
Department of Energy and Environmental Protection's Radioactive 
Materials Program is adequate to protect public health and safety and 
is compatible with the NRC's regulatory program for the regulation of 
Agreement materials.

Summary of the Draft NRC Staff Assessment of the State of Connecticut's 
Program for the Regulation of Agreement Materials

    The NRC staff has examined the State of Connecticut's request for 
an Agreement with respect to the ability of the State's radiation 
control program to regulate Agreement materials. The examination was 
based on the Commission's Policy Statement, ``Criteria for Guidance of 
States and NRC in Discontinuance of NRC Regulatory Authority and 
Assumption Thereof by States Through Agreement,'' (46 FR 7540, January 
23, 1981, as amended by Policy Statements published at 46 FR 36969, 
July 16, 1981, and at 48 FR 33376, July 21, 1983) (Policy Statement), 
and the Office of Nuclear Material Safety and Safeguards Procedure SA-
700, ``Processing an Agreement.'' The Policy Statement has 28 criteria 
that serve as the basis for the NRC staff's assessment of the State of 
Connecticut's request for an Agreement. The following section will 
reference the appropriate criteria numbers from the Policy Statement 
that apply to each section.
    (a) Organization and Personnel. The NRC staff reviewed these areas 
under Criteria 1, 2, 20, and 24 in the draft staff assessment. The 
State of Connecticut's proposed Agreement materials program for the 
regulation of radioactive materials is called the ``Radioactive 
Materials Program,'' and will be located within the Radiation Division 
in the Bureau of Air Management of the Connecticut Department of Energy 
and Environmental Protection.
    The educational requirements for the Radioactive Materials Program 
staff are specified in the State of Connecticut's personnel position 
descriptions and meet the NRC criteria with respect to

[[Page 15261]]

formal education or combined education and experience requirements. All 
current staff members meet the requirements of a bachelor's degree in 
the physical, life science or engineering; or an equivalent combination 
of education and experience has been substituted for the degree. All 
have training and work experience in radiation protection. Supervisory 
level staff each have at least 30 years of working experience in 
radiation protection.
    The State of Connecticut performed an analysis of the expected 
workload under the proposed Agreement. Based on the NRC staff review of 
the State of Connecticut's analysis, the State has an adequate number 
of staff to regulate radioactive materials under the terms of the 
proposed Agreement. The State of Connecticut will employ the equivalent 
of four full-time equivalent professional and technical staff to 
support the Radioactive Materials Program.
    The State of Connecticut has indicated that the Radioactive 
Materials Program has an adequate number of trained and qualified staff 
in place. The State of Connecticut has developed qualification 
procedures for license reviewers and inspectors that are similar to the 
NRC's procedures. The Radioactive Materials Program staff has 
accompanied the NRC staff on inspections of NRC licensees in 
Connecticut and participated in licensing training at NRC's Region I 
with Division of Radiological Safety and Security staff. The 
Radioactive Materials Program staff is also actively supplementing its 
experience through meetings, discussions, and facility visits with the 
NRC licensees in the State of Connecticut and through self-study, in-
house training, and formal training.
    Overall, the NRC staff concluded that the Radioactive Materials 
Program staff identified by the State of Connecticut to participate in 
the Agreement materials program has sufficient knowledge and experience 
in radiation protection, the use of radioactive materials, the 
standards for the evaluation of applications for licensing, and the 
techniques of inspecting licensed users of Agreement materials.
    (b) Legislation and Regulations. The NRC staff reviewed these areas 
under Criteria 1-15, 17, 19, and 21-28 in the draft staff assessment. 
Conn. Gen. Stat. Sec. Sec.  22a-152 and 22a-153(a) provide the 
authority to enter into the Agreement and establish the Connecticut 
Department of Energy and Environmental Protection as the lead agency 
for the State's Radioactive Materials Program. The Department has the 
requisite authority to promulgate regulations under the Conn. Gen. 
Stat. Sec.  22a-153(c) for protection against radiation Conn. Gen. 
Stat. Sec. Sec.  22a-154, 22a-155, 22a-6(a)(3), and 22a-6(a)(5) provide 
the Radioactive Materials Program the authority to issue licenses and 
orders; conduct inspections; and enforce compliance with regulations, 
license conditions, and orders. Conn. Gen. Stat. Sec.  22a-6(a)(5) 
requires licensees to provide access to inspectors.
    The NRC staff verified that the State of Connecticut adopted by 
reference the relevant NRC regulations in parts 19, 20, 30, 31, 32, 33, 
34, 35, 36, 37, 39, 40, 61, 70, 71, and 150 of title 10 of the Code of 
Federal Regulations (10 CFR) into the Regulations of Connecticut State 
Agencies, Use and Control of Radioactive Materials; Civil Penalties, 
Sections 22a-153-1 to 22a-153-150. Therefore, the State of Connecticut 
adopted an adequate and compatible set of radiation protection 
regulations that apply to byproduct materials, source material, and 
special nuclear material in quantities not sufficient to form a 
critical mass. The NRC staff also verified that the State of 
Connecticut will not attempt to enforce regulatory matters reserved to 
the Commission.
    (c) Storage and Disposal. The NRC staff reviewed these areas under 
Criteria 8, 9a, and 11 in the draft staff assessment. The State of 
Connecticut has adopted NRC compatible requirements for the handling 
and storage of radioactive material, including regulations equivalent 
to the applicable standards contained in 10 CFR part 20, which address 
the general requirements for waste disposal, and 10 CFR part 61, which 
addresses waste classification and form. These regulations are 
applicable to all licensees covered under this proposed Agreement.
    (d) Transportation of Radioactive Material. The NRC staff reviewed 
this area under Criteria 10 in the draft staff assessment. The State of 
Connecticut has adopted compatible regulations to the NRC regulations 
in 10 CFR part 71. Part 71 contains the requirements licensees must 
follow when preparing packages containing radioactive material for 
transport. Part 71 also contains requirements related to the licensing 
of packaging for use in transporting radioactive materials.
    (e) Recordkeeping and Incident Reporting. The NRC staff reviewed 
this area under Criteria 1 and 11 in the draft staff assessment. The 
State of Connecticut has adopted compatible regulations to the sections 
of the NRC regulations that specify requirements for licensees to keep 
records and to report incidents or accidents involving the State's 
regulated Agreement materials specified in the proposed Agreement.
    (f) Evaluation of License Applications. The NRC staff reviewed this 
area under Criteria 1, 7, 8, 9a, 13, 14, 15, 20, 23, and 25 in the 
draft staff assessment. The State of Connecticut has adopted compatible 
regulations to the NRC regulations that specify the requirements to 
obtain a license to possess or use radioactive materials. The State of 
Connecticut has also developed licensing procedures and adopted NRC 
licensing guides for specific uses of radioactive material for use by 
the program staff when evaluating license applications.
    (g) Inspections and Enforcement. The NRC staff reviewed these areas 
under Criteria 1, 16, 18, 19, and 23 in the draft staff assessment. The 
State of Connecticut has adopted a schedule providing for the 
inspection of licensees as frequently as, or more frequently than, the 
inspection schedule used by the NRC. The State of Connecticut's 
Radioactive Materials Program has adopted procedures for the conduct of 
inspections, reporting of inspection findings, and reporting inspection 
results to the licensees. Additionally, the State of Connecticut has 
also adopted procedures for the enforcement of regulatory requirements.
    (h) Regulatory Administration. The NRC staff reviewed this area 
under Criterion 23 in the draft staff assessment. The State of 
Connecticut is bound by requirements specified in its state law for 
rulemaking, issuing licenses, and taking enforcement actions. The State 
of Connecticut has also adopted administrative procedures to assure 
fair and impartial treatment of license applicants. The State of 
Connecticut law prescribes standards of ethical conduct for State 
employees.
    (i) Cooperation with Other Agencies. The NRC staff reviewed this 
area under Criteria 25, 26, and 27 in the draft staff assessment. The 
State of Connecticut law provides for the recognition of existing NRC 
and Agreement State licenses and the State has a process in place for 
the transition of active NRC licenses. Upon the effective date of the 
Agreement, all active NRC radioactive materials licenses that are for 
materials covered by the proposed Agreement and were issued to 
facilities in the State of Connecticut will be recognized as 
Connecticut Department of Energy and Environmental Protection licenses.
    The State of Connecticut also provides for ``timely renewal.'' This 
provision affords the continuance of licenses for which an application 
for renewal has been filed more than 30

[[Page 15262]]

days prior to the date of expiration of the license. NRC licenses 
transferred while in timely renewal are done in a manner to minimize 
the effects of the transition on the licensee. The NRC and the State of 
Connecticut will collaborate to ensure a seamless and successful 
transition of NRC licenses under timely renewal.
    The State of Connecticut regulations, in the Regulations of 
Connecticut State Agencies, Use and Control of Radioactive Materials; 
Civil Penalties, Sections 22a-153-1 to 22a-153-150, provide exemptions 
from the State's requirements for the NRC and the U.S. Department of 
Energy (DOE) contractors or subcontractors. The proposed Agreement 
commits the State of Connecticut to use its best efforts to cooperate 
with the NRC and the other Agreement States in the formulation of 
standards and regulatory programs for the protection against hazards of 
radiation, and to assure that the State's program will continue to be 
compatible with the Commission's program for the regulation of 
Agreement materials. The proposed Agreement specifies the desirability 
of reciprocal recognition of licenses and commits the Commission and 
the State of Connecticut to use their best efforts to accord such 
reciprocity. Consistent with NRC requirements, the State of Connecticut 
would be able to recognize the licenses of other jurisdictions by 
general license, as appropriate.

Staff Conclusion

    Section 274d. of the AEA provides that the Commission shall enter 
into an Agreement under Section 274b. with any State if:
    (a) 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 Agreement materials within 
the State, and that the State desires to assume regulatory 
responsibility for the Agreement materials; and
    (b) The Commission finds that the State program is in accordance 
with the requirements of Subsection 274o, and in all other respects 
compatible with the Commission's program for 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.
    The NRC staff has reviewed the proposed Agreement, the 
certification of Connecticut Governor Lamont, and the supporting 
information provided by the Radioactive Materials Program of the 
Connecticut Department of Energy and Environmental Protection. Based 
upon this review, the NRC staff concludes that the State of Connecticut 
Radioactive Materials Program satisfies the Section 274d criteria as 
well as the criteria in the Commission's Policy Statement ``Criteria 
for Guidance of States and NRC in Discontinuance of NRC Regulatory 
Authority and Assumption Thereof by States Through Agreement.'' The NRC 
staff also concludes that the proposed State of Connecticut program to 
regulate Agreement materials, as comprised of statutes, regulations, 
procedures, and staffing, is compatible with the Commission's program 
and is adequate to protect the public health and safety with respect to 
the materials covered by the proposed Agreement. Therefore, the 
proposed Agreement meets the requirements of Section 274 of the AEA.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

----------------------------------------------------------------------------------------------------------------
                    Document description                                     ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
Letter from Governor Ned Lamont, Connecticut, to Chair       ML24306A079.
 Hanson requesting agreement be established between the NRC
 and State of Connecticut, dated October 31, 2024.
Draft Staff Assessment of the Proposed Connecticut Program.  ML25070A186.
Final Connecticut Application Section 4.1 Legal Elements...  ML24311A018 (Package).
Final Connecticut Application Section 4.2 Regulatory         ML24311A026 (Package).
 Requirements.
Final Connecticut Application Section 4.3 Licensing Program  ML24311A029 (Package).
 Elements.
Final Connecticut Application Section 4.4 Inspection         ML24311A030 (Package).
 Program Elements.
Final Connecticut Application Section 4.5 Enforcement        ML24311A044 (Package).
 Program Elements.
Final Connecticut Application Section 4.6 Technical          ML24319A210 (Package).
 Staffing and Training Program Elements.
Final Connecticut Application Section 4.7 Event and          ML24319A211 (Package).
 Allegation Response Program Elements.
Connecticut Application Request for Additional Information.  ML24347A038 (Package).
State Agreement (SA) 700 Processing an Agreement final,      ML22138A414.
 dated June 15, 2022.
SA-700 Handbook for Processing an Agreement Procedure        ML22140A396.
 final, dated June 17, 2022.
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    Dated: March 21, 2025.

    For the Nuclear Regulatory Commission.
Tamara Bloomer,
Acting Director, Division of Materials Safety, Security, State, and 
Tribal Programs, Office of Nuclear Material Safety and Safeguards.

Appendix A

An Agreement Between the United States Nuclear Regulatory Commission 
and the State of Connecticut for the Discontinuance of Certain 
Commission Regulatory Authority and Responsibility Within the State 
Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended

    Whereas, The United States Nuclear Regulatory Commission 
(hereinafter referred to as ``the Commission'') is authorized under 
Section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 
2011 et seq. (hereinafter referred to as ``the Act''), to enter into 
an agreement with the Governor of the State of Connecticut 
(hereinafter referred to as ``the 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 as defined in Sections 11e.(1), 
(3), and (4) of the Act, source materials, and special nuclear 
materials in quantities not sufficient to form a critical mass; and,
    Whereas, The Governor of the State of Connecticut is authorized 
under Conn. Gen. Stat. Sec.  22a-152 to enter into this Agreement 
with the Commission; and,
    Whereas, The Governor of the State of Connecticut certified on 
October 31, 2024, 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 this 
Agreement, and that the State desires to assume regulatory 
responsibility for such materials; and,
    Whereas, The Commission found on [date] that the program of the 
State of Connecticut 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 of Connecticut and the Commission 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,

[[Page 15263]]

    Whereas, The Commission and the State of Connecticut recognize 
the desirability of the reciprocal recognition of licenses, and of 
the granting of limited exemptions from licensing of those materials 
subject to this Agreement; and,
    Whereas, This Agreement is entered into pursuant to the 
provisions of the Act;
    Now, Therefore, it is hereby agreed between the Commission and 
the Governor of Connecticut acting on behalf of the State as 
follows:

Article I

    Subject to the exceptions provided in Articles II, IV, and V, 
the Commission shall discontinue, as of the effective date of this 
Agreement, the regulatory authority of the Commission in the State 
under Chapters 6, 7 and 8, and Section 161 of the Act with respect 
to the following materials:
    A. Byproduct material as defined in Section 11e.(1) of the Act;
    B. Byproduct material as defined in Section 11e.(3) of the Act;
    C. Byproduct materials as defined in Section 11e.(4) of the Act;
    D. Source materials; and
    E. Special nuclear materials, in quantities not sufficient to 
form a critical mass.

Article II

    This Agreement does not provide for the discontinuance of any 
authority, and the Commission shall retain authority and 
responsibility, with respect to:
    A. The regulation of the construction, operation, and 
decommissioning of any production or utilization facility or any 
uranium enrichment facility;
    B. The regulation of byproduct material as defined in Section 
11e.(2) of the Act;
    C. The regulation of the export from or import into the United 
States of byproduct, source, or special nuclear material, or of any 
production or utilization facility;
    D. The regulation of the disposal into the ocean or sea of 
byproduct, source, or special nuclear material waste as defined in 
regulations or orders of the Commission;
    E. The regulation of 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 without a license from the 
Commission;
    F. The evaluation of radiation safety information on sealed 
sources or devices containing byproduct, source, or special nuclear 
material and the registration of the sealed sources or devices for 
distribution, as provided for in regulations or orders of the 
Commission;
    G. The regulation of activities not exempt from Commission 
regulation as stated in 10 CFR part 150; and
    H. The regulation of the land disposal of byproduct, source, or 
special nuclear material received from other persons;

Article III

    With the exception of those activities identified in Article II, 
paragraphs A., C. through E. and G., this Agreement may be amended, 
upon application by the State and approval by the Commission to 
include the additional areas specified in Article II, paragraphs B., 
F., and H., whereby the State may then exert regulatory authority 
and responsibility with respect to those activities.

Article IV

    Notwithstanding this Agreement, the Commission may from time to 
time by rule, regulation, or order, 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 or an exemption for licensing issued by the 
Commission.

Article V

    This Agreement shall not affect the authority of the Commission 
under Subsection 161b. or 161i. of the Act to issue rules, 
regulations, or orders to promote the common defense and security, 
to protect restricted data, or to guard against the loss or 
diversion of special nuclear material.

Article VI

    The Commission will cooperate with the State and other Agreement 
States in the formulation of standards and regulatory programs of 
the State and the Commission for (a) protection against hazards of 
radiation; and (b) to assure that Commission and State programs for 
protection against the hazards of radiation are coordinated and 
compatible. The State agrees to cooperate with the Commission and 
other Agreement States in the formulation of standards and 
regulatory programs of the State and the Commission for: (a) 
protection against the hazards of radiation; and (b) to assure that 
the State's program will continue to be compatible with the program 
of the Commission for the regulation of materials covered by this 
Agreement.
    The State and the Commission agree to keep each other informed 
of proposed changes in their respective rules and regulations, and 
to provide each other the opportunity for early and substantive 
contribution to the proposed changes.
    The State and the Commission agree to keep each other informed 
of events, accidents, and licensee performance that may have generic 
implication or otherwise be of regulatory interest.

Article VII

    The Commission and the State agree that it is desirable to 
provide reciprocal recognition of licenses for the materials listed 
in Article I licensed by the other party or by any other Agreement 
State.
    Accordingly, the Commission and the State agree to develop 
appropriate rules, regulations, and procedures by which reciprocity 
will be accorded.

Article VIII

    The Commission, upon its own initiative after reasonable notice 
and opportunity for hearing to the State, or upon request of the 
Governor of Connecticut, may terminate or suspend all or part of 
this Agreement and reassert the licensing and regulatory authority 
vested in it under the Act, if the Commission finds that (1) such 
termination or suspension is required to protect the public health 
and safety, or (2) the State has not complied with one or more of 
the requirements of Section 274 of the Act. Pursuant to Section 
274j. of the Act, the Commission may, after notifying the Governor, 
temporarily suspend all or part of this Agreement without notice or 
hearing if, in the judgment of the Commission, an emergency 
situation exists with respect to any material covered by this 
Agreement creating danger which requires immediate action to protect 
the health or safety of persons either within or outside of the 
State and the State has failed to take steps necessary to contain or 
eliminate the cause or danger within a reasonable time after the 
situation arose. The Commission shall periodically review actions 
taken by the State under this Agreement to ensure compliance with 
Section 274 of the Act which requires a State program to be adequate 
to protect the public health and safety with respect to the 
materials covered by this Agreement and to be compatible with the 
Commission's program.

Article IX

    This Agreement shall become effective on September 30, 2025, and 
shall remain in effect unless and until such time as it is 
terminated pursuant to Article VIII.

    Executed at Hartford, Connecticut this [date] day of [month], 
2025.

    For the United States Nuclear Regulatory Commission.

David A. Wright,
Chairman for the U.S. Nuclear Regulatory Commission.

    For the State of Connecticut.

Edward Miner Lamont, Jr. (aka Ned Lamont),
Governor of the State of Connecticut.

[FR Doc. 2025-05140 Filed 4-8-25; 8:45 am]
BILLING CODE 7590-01-P