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Given the Energy Policy Act of 2005 and the new definition of byproduct material, who will regulate it, Pennsylvania or NRC?

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Given the Energy Policy Act of 2005 and the new definition of byproduct material, who will regulate it, Pennsylvania or NRC?

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• A: Pennsylvania has licensed Naturally Occuring and Accelerator Produced Radioactive Materials (NARM) for decades and will continue to as an Agreement State. The Energy Policy Act of 2005 allows for the same transfer of regulatory authority to Agreement States for accelerator-produced isotopes and discrete sources of radium as previous by-product materials. Non-discrete radium sources will continue to be regulated by the states and not the NRC.

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