The AEA, as amended, provides a statutory basis for the NRC to relinquish to individual states portions of its authority to license and regulate byprod­uct materials (radioisotopes), source materials (uranium and thorium), and certain quantities of special nuclear materials. Of the 50 states, 37 have entered into agreements with the NRC to assume this responsibility.

The role of the Agreement States is to regulate most types of radioactive material in accordance with the compatibility requirements of the AEA. These types of radioactive materials include source material (uranium and thorium), reactor fission byproducts, and byproduct materials as defined in Section 11 e of the AEA, and quantities of special nuclear materials not sufficient to form a critical mass. The NRC, under its own internal practices, periodically reviews the performance of each Agreement State to ensure compatibility with its regulatory standards.

Agreement States issue radioactive material licenses, promulgate regula­tions, and enforce those regulations under the authority of each individual state’s laws. The Agreement States conduct their licensing and enforcement actions under direction of the governors in a manner compatible with the licensing and enforcement programs of the NRC.