Re[2]: DOE Tritium Supply PEIS

[phillip_nessler@ccmail.gsfc.nasa.gov]

     Be careful, sovereign immunity is not full and complete as it use to 
     be. There is a lot of gray area in the environmental field and some of 
     the states are enacting their radiation (ionizing and non-ionizing) 
     regulations under their environmental statutes.  The full legality of 
     application to federal facilities has not been determined.  
     Additionally, it is my understanding that federal 'immunity' only 
     applies to geographical locations designated as 'exclusive federal 
     jurisdiction'.  We have a site in Texas that, after a long legal 
     research effort, was discovered to have never been granted such 
     designation and therefore fell under state jurisdiction even though it 
     is 'owned' by NASA.
     
     I'm afraid there is no straight answer.
     
     
     Phillip Nessler
     Goddard Space Flight Center
     Disclaimer
     
     Phillip.Nessler@gsfc.nasa.gov


______________________________ Reply Separator _________________________________
Subject: Re: DOE Tritium Supply PEIS
Author:  radsafe@romulus.ehs.uiuc.edu at Internet
Date:    10/27/95 4:56 PM


Right on target. The site is federal property. Even though it may be 
operated by a private, civilian company, state governments do not have 
jurisdiction.
     
>>I was just wondering ... since NRC cannot regulate 
>>naturally-occuring and accelerator-produced radioactive 
>>materials (but the states CAN and DO), if DOE would have 
>>the same problem ... and if the regulation of the accelerator 
>>would devolve to the state ... in this case, South Carolina.. 
>
>Does Georgia regulate x-ray machines on Fort Gordon?  SRS will still be a 
>federal facility and unless Congress has waived soverign immunity, states 
>cannot regulate the source.
>
>Dave Scherer
>scherer@uiuc.edu
>
>
Bob Flood
Unless otherwise noted, all opinions are mine alone. 
(415) 926-3793
bflood@slac.stanford.edu