The questions that have arisen with respect to limits on low-level re­leases have raised again the associated question of whether the states have or should have a right to establish standards different from those of the aec. Congress has already recognized the states’ interest in applying their general health and safety powers to atomic activities being carried on within their borders. To this end, Congress has carefully spelled out the areas in which the states may participate in regulating the use of reactor — produced isotopes, the source materials uranium and thorium, and small quantities of special nuclear materials. On the other hand, by law the aec may not relinquish to a state the authority to regulate the construction and operation of nuclear reactors. These federal-state relationships are gov­erned by the 1959 amendments to the Atomic Energy Act, which were sponsored and approved by the Eisenhower administration. In order to

relinquish its authority under these provisions of the Act, the aec must find that a state’s regulatory program is adequate to protect the public health and safety and is compatible with the aec’s regulatory program. To date twenty-one states have entered into agreements with the aec to as­sume the regulatory responsibilities which it is permitted to relinquish.

Regulating nuclear power is a complex and difficult task which re­quires a high level of technical expertise. There are several types of re­actors and many different types of effluent control systems. All of these design features interact with one another, and are related not only to con­trol of radioactive effluents but also to other important safety considera­tions. This makes evaluation of the complex interrelationship of radio­logical and design considerations and other plant safety considerations difficult. For example, the in-depth safety reviews by the aec regulatory staff of an application for a construction permit for a single nuclear power plant require the full-time efforts of several highly trained technical per­sonnel over a period of many months. Safety reviews for an operating li­cense require a comparable effort. Additional extensive efforts are devoted to reviews by the acrs, by the Atomic Safety and Licensing Board, and by a Licensing Appeals Board or the Commission itself.

Considerations such as these led Congress to reserve regulation of the radiological safety aspects of nuclear power plants to the aec rather than to the individual states. It is quite possible that conflicting design and operation requirements in this highly complex area by dual regula­tion might detract from the public health and safety.

This leads to the question of how the states can most effectively par­ticipate in the area of radiological safety. First of all, they can take advan­tage of the mechanism specifically provided by Congress — namely, in regulating the use of reactor-produced isotopes, to accommodate the in­terests of the states in this area. This would help them acquire the exper­tise which is needed in the technically complex field of radiological health and safety. Another area relating to nuclear power plants which lends itself to much closer cooperation between the states and the aec is envir­onmental monitoring in the vicinity of nuclear facilities. Such monitoring is intended to confirm that the environment is being adequately protected from contamination by radioactivity.

It appears to me that the aec might work out programs with the states on environmental monitoring. Under such programs, the federal government could provide technical assistance and perhaps some finan­cial support where required. In this regard, the aec is cooperating with the Public Health Service in its efforts to develop criteria for planning en­vironmental monitoring programs appropriate for nuclear power reactors.

At the present time there are at least two states that carry out sizable en­vironmental monitoring programs around the nuclear facilities in their states, and eight others carry out more limited programs. The data devel­oped in these programs have been very useful in evaluating the signif­icance of releases from some of the nuclear facilities. The aec already is beginning discussions with a few of the states toward a contractual ar­rangement for collaboration with the aec in collecting and evaluating environmental data. The aec is placing high priority on developing this program and, as experience is gained, will explore the interest of other states in the program.