NRC Agreement States and Non-agreement States
What is an Agreement State?
The Nuclear Regulatory Commission defines an Agreement State as “a U.S. State that has signed an agreement with the U.S. Nuclear Regulatory Commission (NRC) authorizing the State to regulate certain uses of radioactive materials within the State.” Authority for this arrangement can be found in subsection 274 of the Atomic Energy Act of 1954, as amended.
History – The AEC, NRC, and the Agreement States
Prior to 1975, the Atomic Energy Commission (AEC) was responsible for promoting and regulating the use of radioactive materials in the United States. Congress established the Nuclear Regulatory Commission (NRC) as an independent regulatory agency through the Energy Reorganization Act of 1974. According to the NRC’s website, their primary role is to license and regulate the non-military use of radioactive materials (RAM) to protect public health and safety, promote the common defense and security, and protect the environment (learn more about radioactive materials licenses in this article).
Section 274 of the Atomic Energy Act of 1954 allowed states to enter into agreements with the AEC and subsequently the NRC. The Agreement State Program was established in 1959, enabling states to enter into contracts that granted them limited regulatory authority. In 1962, the Commonwealth of Kentucky became the first state to enter into such an agreement with the AEC, officially becoming the first Agreement State. The NRC provides support and assistance to Agreement States and periodically reviews their performance to ensure their management aligns with the NRC's regulatory standards. As of today, there are 39 Agreement States (see the full list below).
Why do Agreement States Establish Their Own Rules?
Agreement States can maintain a sense of authority by customizing state regulations to address local needs while ensuring compatibility with NRC licensing and enforcement programs. This level of control could potentially reduce licensing fees and minimize future fee increases. Additionally, being in close proximity to licensed facilities makes it easier for state regulators to oversee them effectively. Establishing a unified state program to monitor the use of radioactive materials leads to more coordinated and thorough regulation.
Wyoming - An Agreement State Case Study
Wyoming obtained approval to regulate the mining and milling of uranium or thorium within the state, including the management and disposal of tailings or wastes produced during extraction of the source materials (i.e., uranium or thorium). As a result, what does the NRC continue to regulate?
- Source material “other than that involved in the extraction and concentration of uranium or thorium at uranium or thorium milling facilities.”
- Special Nuclear Material (i.e., materials containing the fissile isotopes uranium-233, uranium-235, and plutonium-239, which, if concentrated, could be used to create nuclear explosives).
- Byproduct material as defined by paragraphs 11e.(1), 11e.(3), and 11e.(4) of the Atomic Energy Act. Visit the NRC Website for these byproduct material definitions. Wyoming has no operating nuclear reactors or fuel cycle facilities except for mills. The regulatory focus of Wyoming’s “agreement” with the NRC concerns uranium milling and mining. Conventional milling operations crush uranium ore to extract uranium; specialized uranium mining facilities, known as in-situ recovery (ISR) facilities, pump water and chemicals (e.g., baking soda) into isolated aquifers and extract dissolved uranium from the slurry after it’s pumped to the surface. Wyoming has seven active ISR facilities and seven undergoing decommissioning. The NRC's Regional Office in Arlington, Texas (Region IV) regulates the use of radioactive material for other purposes in Wyoming (e.g., hospitals using radioactive material for medical purposes). Wyoming also has jurisdiction over naturally occurring radioactive materials and certain radioactive materials that are not produced in reactors.
Similarities and Differences Between Agreement and Non-Agreement State Regulations
Both agreement and non-agreement state regulations must comply with essential NRC standards and aim to protect public health and safety. However, there are some key differences between the two, as outlined in the table below. Additionally, it is important to note that government-run facilities, such as VA hospitals, will still fall under NRC oversight, even if the institution is in an Agreement State
| Aspect | Agreement States | Non-Agreement States |
| Regulatory Authority | State agencies | The NRC |
| Materials Regulated | Byproduct, source, and limited special nuclear materials |
All radioactive materials |
| * Licensing | State-issued licenses | NRC-issued licenses |
| Fees | Set by the state | Set by the NRC |
| Inspections | Primarily by state agencies | By the NRC |
| Regulatory Focus | May emphasize local industry needs | Uniform federal approach |
*Agreement States administer approximately 75 percent of licensees, while the NRC oversees the remaining 25 percent.
Other items to consider:
It is essential to note that Agreement States can develop additional or more stringent regulations than the NRC, and it is necessary to mention the regulatory impact on Clinical Practices specifically (there are similar regulatory impacts in other industries that use radioactive materials). Things that may differ in Clinical Practices include licensing requirements for medical facilities and individual practitioners, radiation safety protocols and reporting procedures, equipment maintenance and quality control standards, and continuing education and training requirements.
New imaging and therapy modalities, hybrid imaging systems (e.g., PET/CT, SPECT/CT), artificial intelligence, theragnostic, and personalized medicine are addressed differently by the Agreement States. Specific procedures, forms, and administrative processes also vary between individual Agreement States and the NRC. This includes differences in documentation and record-keeping requirements, patient care protocols, radiation dose monitoring and reporting, emergency procedures, and incident reporting.
The individual differences are countless, so familiarity with the specific requirements of your state’s regulations is necessary for managers, technologists, and other professionals to maintain compliance.
How to Determine Which Rules You Need to Follow in Your State
Check the NRC's alphabetical list of Agreement States below. If your state is listed, follow the link to your state's radiation safety authority and review the state-specific regulations provided on the state authority's website. If your state is not listed, it is a Non-Agreement State, and you should follow NRC regulations directly. For specific guidance, contact your state's radiation control program or the NRC regional office responsible for your area.
Looking for more guidance?
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Frank has accumulated extensive expertise in radiation safety policies and procedures by working as a Radiologic Technologist, Army Radiation Safety Officer, instructor, and inspector. Frank's 35+ years of experience include managing radiation safety programs, conducting radiation surveys/inspections, and implementing safety measures to minimize radiation exposure. Frank worked as a radiographer before obtaining a degree in Radiologic Sciences and a commission in the US Army as a Nuclear Medical Science Officer, retiring as a Lieutenant Colonel.