State Agency Designation Clause Samples

State Agency Designation. The State should indicate which agency or agencies will have authority for carrying on the program and should provide the NRC with a summary of that legal authority. There should be assurances against duplicate regulation and licensing by State and local authorities, and it may be desirable that there be a single or central regulatory authority. The Massachusetts Department of Public Health is designated to be the State’s radiation control agency in the Massachusetts Low-Level Radioactive Waste Management Act. The law also provides that the regulations adopted by the Department shall apply exclusively throughout the Commonwealth. The Massachusetts Department of Labor and Industries has, by statute, the general responsibility and authority to inspect workplace safety, and to adopt regulations to prevent workplace accidents and industrial or occupational diseases. The Department of Public Health and the Department of Labor and Industries have entered into a Memorandum of Understanding, as authorized elsewhere in Massachusetts law, which provides for the Department of Public Health to exercise this responsibility and authority with respect to radiation and radioactive materials. The Department of Environmental Protection is designated under the Low-Level Radioactive Waste Management Act as the agency to adopt regulatory standards for the suitability of any proposed disposal site. The Department of Public Health will license and regulate the site only after the Executive Secretary for Environmental Affairs has determined that a site characterization study shows the site to be suitable and the Low-Level Radioactive Waste Management Board has selected the operator. References: Massachusetts General Law Chapter 111, Section 5N, and Chapter 111H, Sections 2, and 14 through 31.