ML18075A079
| ML18075A079 | |
| Person / Time | |
|---|---|
| Issue date: | 03/16/2018 |
| From: | Richard Chang Division of Decommissioning, Uranium Recovery and Waste Programs |
| To: | |
| RChang DUWP | |
| Shared Package | |
| ML18075A077 | List: |
| References | |
| Download: ML18075A079 (20) | |
Text
MOU Between DoD and NRC Richard Chang NMSS/DUWP/MDB
Overview
- Purpose
- Background
- Implementation of MOU with DoD
- Potential Agreement State involvement
- DoD service providers
- Three NRC regulatory processes
- Conclusions
Purpose
- Give background on NRCs jurisdiction over radium
- Discuss NRCs involvement with military remediation
- Explain NRCs role under the MOU
- Discuss the potential role for Agreement States (AS)
Background on NRCs Jurisdiction over Radium
- Energy Policy Act of 2005 (EPAct) expanded the Atomic Energy Acts (AEA) definition of byproduct material to include discrete sources of radium-226
- NRC regulations implemented provisions of the EPAct in 2007 and defined the term discrete source
- A discrete source is a radionuclide that has been processed so that its concentration within a material has been purposely increased for use for commercial, medical, or research activities and any contamination from that source.
Background on NRCs Jurisdiction over Radium
- NRC has jurisdiction over discrete sources of radium-226 used by the military in medical or research activities or in a manner similar to a commercial activity.
- NRC does not have jurisdiction over radium-226 used by the military in military operations (e.g., combat or training)
Background on NRCs Jurisdiction over Radium
- In 2007 the Commission directed the NRC staff to interact with DoD regarding military uses of radium
- Uncertainty over precise meaning and scope of NRCs jurisdiction of military radium
- MOU developed as a way for NRC and DoD to work together; avoid dual regulation; and avoid jurisdiction disagreements
RIS (2016-06)
- Published May 9, 2016
- Clarifies NRCs jurisdiction for military radium
- radium or items and equipment containing radium not used in or intended for use in military operations
- Confirmed contamination
- Regulatory approaches
- MOU for confirmed contamination (radium and other unlicensed AEA material)
- Licensing for items and equipment
- NRC responses to public comments on the draft RIS
- Signed April 28, 2016
- Purpose
- Minimize dual regulation while ensuring protection
- Documents roles, responsibilities, and relationship between NRC and DoD
- Scope
- Sites with DoD response actions under CERCLA/DERP to address confirmed releases of unlicensed radioactive material subject to AEA
- Buildings being remediated, but not licensed
- Active installations, BRAC properties, and FUDS
- Content of MOU
- Communication/contacts
- Annual site inventory
- Coordination and planning
- Access to information and sites
- NRC involvement (stay informed or monitor)
- NRC dose criteria
- NRC technical assistance
- Records
- Service provider licenses
- Funding
- Dispute resolution
Implementation of MOU with DoD
- DoD annual site inventory completed
- Two types of NRC involvement
- Stay informed - EPA has regulatory oversight (NPL sites)
- Monitoring - EPA does not have regulatory oversight (non-NPL site)
Benefits Resulting from the RIS and MOU
- Clarifies jurisdictional boundaries
- Avoids dual regulation
- Clarifies the regulatory approach for remediation
- Provides independent federal oversight to ensure protection of public health and safety
Potential Agreement State Involvement
- Keep each other informed
- Service provider license coordination
- Jurisdictional questions
- Coordination of activities at sites with dual jurisdiction
DoD Service Providers
- DoD service providers involved with remediation must have an NRC or AS license (e.g., reciprocity)
- NRC guidance on determining jurisdiction (FSME 039, Clarification on the Determination of Regulatory Jurisdiction of Nonfederal Entities Conducting Cleanup Activities on Federal Property in Agreement States.)
- Under the MOU
- DoD verifies that its service providers use NRC guidance to determine appropriate license
- DoD will provide appropriate land jurisdiction to service providers
- NRC plans to coordinate its service provider inspections with its future MOU activities
Three NRC Regulatory Processes
- Three different processes and requirements
- Licensed sites: Follow NRC decommissioning requirements and MML license requirements
- NRC/DoD MOU sites: involvement at unlicensed sites; CERCLA/DERP requirements and MOU provisions
- Licensed service providers: DoD contractors conducting remediation at both licensed and MOU sites; NRC and/or Agreement State license requirements
Conclusions
- MOU implementation has started
- AS and NRC will need to coordinate service-provider activities
- NRCs goal is to work with the Army towards successful MOU implementation without being disruptive to existing plans.