ML20034B681
| ML20034B681 | |
| Person / Time | |
|---|---|
| Issue date: | 04/19/1990 |
| From: | Lohaus P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Matthews M ENERGY, DEPT. OF |
| References | |
| REF-WM-39 NUDOCS 9004300187 | |
| Download: ML20034B681 (25) | |
Text
6 LTR MMATTHEWS DG gpg39 g Mr. Mark Matthews, Project Manager Uranium Hill Tailings Project Office U.S. Department of Energy P.O. Box 5400 Albuquerque, NM 87115
Dear Mr. Matthews:
We have reviewed the revised version of the proposed DOE /NRC Memorandum of Understanding (M00) Modification No. 2 transmitted by your letter dated March 5,1990, and subsequent telefax dated April 9,1990. Enclosed is our mark-up of the proposed revision. Please let us know as soon as possible if this version is acceptable to you, since we are concurrently proceeding with a review of the MOV Modification within our Office of Inspector General.
1 Should you have any questions regarding this transmittal, please contact me or Dan Gillen of my staff (FTS 4920517).
Sincerely, (SIGNED) P/,UL H.LOM/\\US' Paul H. Lohaus, Chief Operations Branch Division of Low-Level Waste Management and Decommissioning, Nf1SS
Enclosure:
As stated cc:
S. Mann, DOE Hg.
M. Abrams, DOE Alb.
Distribution: Central dile 1 E 39 NMSS r/f RBangart JGreeves RBoyle JSurmeier PLohaus LLW1 t/f LLOB r/f LLOB t/f DGillen MFliegel RFonner R Hall PDR YES X
PDR NO Category:
Proprietary or CF Only ACNW YES X
N0 SUBJECT ABSTRACT: Transmit mark-up of proposed revisions to the DOE /NRC fl0V for the UMTRA Project
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7 DOE GM04 85AL26037' DOE.NRC MOV UMTRA Project MOD:. 2' i
DATE: AMWAFy/Jg//J));
MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S= DEPARTMENT OF ENERGY AND THE U.S. NUCLEAR REGULATORY COMMISSION PARTIES A.
The parties to this Memorandum of Understanding (MOU) are the U.S.
Department of Energy (DOE) and the U. S. Nuclear Regulatory Commission (NRC).
B.
The DOE will administer and execute its responsibilities under~this MOV through its Vranium Mill Tailings Remedial Actions (UMTRA)' Project Office, Albuquerque Operations Office.
The NRC will administer and execute its responsibilities under this MOV through its Office of Nuclear Material Safety and Safeguards (NMSS) or any other NRC element designated by NMSS.
II.
PURPOSE AND AUTHORITY Under authority of the Uranium Mill Tailings Radiation Control Act-of 1978 (VMTRCA), Public Law 95604 (42 U.S.C. 7901 et. seq.), as amended..
the DOE and NRC have entered into this MOV in order to provide for an~
orderly process for executing their respective statutory responsibilities under Title I of the UMTRCA.
It is contempleted that such process will minimize.or eliminate. unnecessary duplication of effort, will facilitate and expedite reviews'and concurrences, and will promote the accomplishment of the: objectives of Title +of the I
hf*
UMTRCA within the statutorily mandated. schedule and within the' constraints imposed by Congressional appropriations, l-111.
BACKGROUND t
Title 1 of the UMTRCA authorizes the Department of Energy (DOE) to L
undertake recedial action'at designated inactive. uranium processing sites and associated vicinity properties containing uranium mill tailings and other residual radioactive materials derived from the-operations performed at inactive processing sites.
The purpose of these remedial actions is to stabilize and control, uranium mill tailings and other residual radioactive materials in a safe and environmentally sound manner.
The selection and performance of remedial actions undertaken by DOE pursuant to the UMTRCA are to be with the full participation of the
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1 DOEGM0485ALN637 i
DOE.NRC MOU UMTRA Project MOD:
2 DATE: AAMAF M S M ) #
affected states and Indian tribes and with the concurrence of the NRC.
Such remedial actions are to be-performed in accordance with standards established by the Environmental Protection Agency (EPA),
40 CFR 192, and consistent with applicable federal and state law.
This MOU delineates the concurrence procedures and areas of
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cooperation between the DOE and the'NRC in the implementation of Title 1 of the UMTRCA.. The UMTRA Project originally had a statutorily imposed completion schedule of seven years from the date of promulgation of the EPA Standards.
The EPA Standards were promulgated effective March 7, 1983.
Title I of the UMTRCA was amended on November 5, 1988 to extend the authority of DOE to perform remedial action until September 30, 1994, except that the authority of DOE.to perform groundwater restoration activities is without limitation..
Within DOE, program responsibility for carrying out Title I of'UMTRCA is within the Division of Uranium Mill Tailings Projects, DOE Headquarters.
Field responsibility has been delegated to the Albuquerque Operations Office, where the UMTRA Project Office has been-established.
Consequently, DOE wi11' execute its responsibilities under Title I of the UMTRCA principally through the UMTRA Project Office.
The DOE Liaison with NRC for purposes of implementing this MOU shall be the Manager, UMTRA Project Office or such person as he ok may delegate.
Within NRC, the program responsibility for carrying out Title I of UMTRCA is within NMSS, NRC Headquarters. NRC.will execute such responsibilities principally through the Operations Branch-(LLOB) in the Division of Low level Waste Management and Decommissioning (LLWM) or any other NRC element desigrated by NMSS.
The NRC Liaison with DOE i
for purposes of this MOV shall' be the Branch Chief, LLOB or such other person as he may delegate.
IV. DEFINITIONS l
A.
Except as otherwise defined in this Article, the definition of terms used in this MOV shall be the same as in Title I of the UMTRCA.
B.
The following terms shall have the following. meanings:
1.
" Processing site" means any of the twenty-four inactive. uranium mill sites:
(1) designated by DOE, pursuant to Section 102(a) of the UMTRCA, for remedial action under the UMTRCA; and (2) listed in the notice of such designation published-in the Federal Register at 46 FR 60875 (December 4, 1981).
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DOE GM04 85AL26037 00E NRC MOV UMTRA Project
)
M00:- 2 DATE: htMM/JSl/IMS 2.-
" Vicinity property" means any real property and improvement thereon which:
(1) is in the vicinity of a processing site-or in the vicinity of the uranium mill currently owned by the Tennessee Valley Authority (TVA) in Edgemont, South l
Dakota; (2) is determined by the DOE, in consultation with affected states or Indian tribes and the NRC, to be contaminated with residual radioactive materials derived from a processing site or the TVA mill in Edgemont, South-Dakota; and (3) the DOE has designated and included, pursuant to Section 102(e)-of the UMTRCA, within the_ scope-of the UMTRA Project as eligible for remedial action under the UMTRA Project.
3.
" Disposal site" means the site, which may include a processing site or vicinity property, used for the permanent-disposition, stabilization and control of residual radioactive materials.
4.
" EPA Standards" means the standards of general application i
promulgated by the EPA at 40 CFR 192, for the protection of the public health, safety 'and the environment from -
radiological.and nonradiological hazards. associated with residual radioactive material. DOE and NRC recognize-that sites where NRC final concurrence with the DOE' selection of remedial action with respect to groundwater-protection designs had been obtained.-prior to the September 1985 court-decision remanding'the groundwater portion of the EPA l
Standards, have met-the provisions.of UMTRCA, Title I 1
Section 108(a)(2) & (3).
These sites' remedial actions are not subject to new provisions of the' proposed EPA ground--
water standards published in 52 FR 36000 on-September 24, 1987.
However, at sites associated with Canonsburg, PA; Salt Lake City, UT; and Shiprock, NM, DOE-ok and NRC interpret the EPA Standards to. require specific-analyses of and a determination of the need for groundwater protection or restoration in accordance with Subpart C of the EPA Standards, prior to the September 1985 remand, as
].ok l.
stipulated.in 48 FR 590 on January 5,- 1983, and to require the implementation of any such protection or restoration measures so determined to be needed.
For the remaining?
sites, DOE and NRC agree to use proposed EPA Standards (52 FR 36000, September 24,1987) on an-interim basis, and 2
will use the final EPA Standards, when promulgated.
DOE GM04 85AL26037'
UMTRA Project r
MOD:
2 DATE: ifMyppy/JgyJppy S.
" Designation" means the DOE action to formally identify a processing site or potential vicinity property as eligible for remedial action by DOE under Title 1 of the UMTRCA, on-the basis of radiological surveys or assessments.of historical data available.
6.
" Inclusion" means the DOE actions of: confirming, on the basis of detailed surveys,-that radiological' conditions at a designated potential vicinity property exceed _the-concentrations or levels of contamination set forth in the EPA Standards; and formally including the property within the designation of the processing site as eligible for remedial action.
7.
" Remedial action" means the' stabilization and control of, decontamination and decommissioning of, and cleanup of processing sites and vicinity properties in accordance with-the EPA Standards and consistent with applicable federal and s
state law, r
8.
" Remedial Action Plan" (RAP) means the document, developed 4
by DOE in order to obtain from the NRC (and the affected state or Indian tribe) concurrence with DOE's selection of remedial action and to document the basis for DOE's-conclusion that the proposed remedial actions for a processing site or disposal site, or both, will meet =the EPA Standards. The RAP includes comprehensive. technical
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I information on the proposed site and design, adddressing:
geologic and geotechnical stability; surface water hydrology and erosion protection; water resources protection; radon' ok attenuation and site cleanup, and the supporting analyses and documentation that demonstrates that the proposed remedial action complies with the EPA Standards.
Wherever possible, the RAP'will. conform in scope, content and. format with the NRC Staff Technical Position,-" Standard Format And Content For Documentation Of Remedial ~ Action ok Selection At Title I Uranium Mill Tailings Sites."
Hereafter, this guidance will be referred to as the NRC SF&C_
Position.
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DOE GM04 85Al26037; DOE.NRC MOV VMTRA Project MOD:
2
- DATE: /AMWAM//p//Jppp 9.
" Participating agency" means any state or-Indian tribe party-to a cooperative agreement _with DOE under Title I of the UMTRCA.
l 10.
" Cooperative agreement" means a contractual instrument executed by an affected state or Indian tribe and the DOE for-the purpose of defining the DOE and state / tribe responsibilities'in connection with remedial action, and which contains such terms and conditions as DOE deems appropriate and consistent with the purposes of the UMTRCA.-
V. ~ SCOPE OF C00RDINATION A.
For the purposes of this MOU, NRC responsibilities under the UMTRCA are indicated below:
UMTRCA UMTRCA RESPONSIBILITY SECTION NRC ROLE 1.
Desianation Designation of processing 102(a)
Consultation with-sites and potential 102(e)
DOE vicinity properties and determination of site o
boundaries.
2.
Remedial' Actions Selection and performance-108(a)
Concur in DOE of remedial action at selection and processing, disposal, and performance.
vicinity property sites.
I Determination that radio-104(b)(1)-
Concur in DOE i
active materials should be State decision.
l removed,from processing 105(b)-
l sites.
Tribe I
Allowing mineral recovery 108(b)
Concur in DOE from residual radioactive decision to allow materials, recovery.
Determination that remedial 104(f)(1)
Concur in DOE ac'. ion is completed, determination.-
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DOE GM04 85Al26037 i
DOE-NRC'MOV
-j UMTRA Project MOD:
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'DATE:ifMMffy/JSj/]999 UMTRCA UMTRCA RESPONSIBILITY SECTION-NRC ROLE 3.
Acauisition/Discosal of Lands Acquisition / disposal of 104(a),(e)
Concur in DOE processing sites, decision to require state acquisition or to allow state sale /.
retention or transfer of the acquired site.
Designation of DOE 104(b)(2)
Concur in DOE controlled or Department designation, of Interior (001)-administered lands as disposal sites.
t 4.
Lona-Term Maintenance of Disoosal Sites.
Long term maintenance,
- 0fff)(2)
Issue license.-
monitoring and emergency.
105(b) measures at disposal sites
-in such manner as will protect the public health, safety, and the environment.
Sale or lease of subsurface
'104(h)
Concur, along mineral rights at licensed
'with DOE, in DOI disposal sites, decision to sell or lease mineral rights.-
5.
Public Particination Public participation in 111 Encourage, i
program, including designa-together with DOE i
tion, selection of remedial and EPA, action, execution of cooperative agreements.
i d
4.
Y
i DOE GM04-85Al26037 m
DOE-NRC MOV-UMTRA Project MOD:
2 DATE: ifMWffy/JSj/Jppy
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UMTRCA l
UMTRCA RESPONSIBILITY SECTION NRC ROLE i
6.
Administrative 1
Execution of cooperative 103(e).
Concur in each agreements.
105(a) cooperative i
agreement between.
DOE and a state or tribe.
Preparation of annual 114(a)
Consultation with report to Congress.
DOE.
P Documentation of UMTRA Il4(e)
NRC action with Project.
DOE.
B.
Appendix A. Review and Concurrence Procedures, sets forth the detailed procedures for DOE and NRC coordination in the implementation of
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Title I of the UMTRCA.
Appendix A may be amended from time to time by the parties to accommodate the dynamic nature of the UMTRA Project.
DOE agrees to.use its best efforts to provide UMTRA Project documents of high quality for NRC review, including all pertinent information or data concerning any DOE-proposed remedial action design, processing site, disposal site, or vicinity property.
DOE agrees, where possible, considering the point in the remedial action process, to
'N provide information,.ista and analyses consistent with the' scope, content and format of the NRC SF&C Position.
,n DOE the44 preparesand maintain 8a current detailed project-schedule itemizing key remedial action activities and site-specific documentation to be submitted from 0 to NRC "or the-purpose of review, comment, and/or ce C,gg.
shall 3rovidel=tM,, ises se q
...... __..___... to NRC agrees to use ts best efforts to 3
respond within the response times for action set forth.in Appendix A.
However, if multiple documents-are submitted to the NRC_ concurrently, response schedules will be modified on the basis of priorities established by DOE and discussed on a weekly basis by telecommunication between DOE and NRC staff.
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DOE GM04 85Al26037-
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DOE NRC MOU UMTRA Project MOD:
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DATE: #FMFF1/ISl/1199 C.
DOE and NRC agree that the principal focus of NRC cooidination and-concurrence under this MOU is to assure compliance with the EPA.
Standards in the DOE's selection of remedial action among reasonable remedial action alternatives and implementation of such remedial
- action, VI.
RESOLUTION OF INTERAGENCY CONFLICTS A.
Any required concurrence of NRC under-this MOU shall be. communicated to the DOE Liaison in writing. A decision to withhold concurrence shall'be communicated to the DOE Liaison with a written rationale therefore.
Concurrences shall not be unreasonably; withheld or denied.
Lack of compliance, or lack of sufficient demonstration of compliance with the EPA Standards shall constitute reasonable grounds for withholding or denying concurrence in the selection or performance of remedial action.
Informal communication during.the review and concurrence process is to be encouraged,. including notification by NRC to DOE at the earliest opportunity of issues which may preclude NRC concurrence and notification by DOE to NRC at the earliest opportunity of any significant changes to documents under review by NRC.
1 B.
Any conflict arising under this MOU.shall be resolved at the lowest possible level of agency decision making but shall be referred to successive levels of agency decision-making.until resolution is reached.
Vll.
EFFECTIVE DATE This MOU shall take effect upon the latter date of execution by DOE-and NRC.
Vill.
TERM AND TERMINATION The term of this MOU shall be from the effective date through the date
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DOE and the NRC mutually agree'in writing'that all activities under that the objectives of the remedial action program have been met and this MOU, or any modification thereto, have been completed.
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DOE GM04 85AL26037 00EoNRC MOV UMTRA Project i
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2 IX.
PROCUREMENT AND FUNDING t
Each party shall be responsible for funding its performance under this l
MOV.
Each party shall procure services, equipment. or supplies under its l
own regulations and shall be solely responsible for managing and directing its contractors' efforts.
X.
R IC INFORMATION COORDINATION m ke Dest f4 h timely reist e of information to the pohlic '['
consistent with the Freedom of Information Act (Folk) (5 U.S.C.
Sla, es amended),
'/h' Obe conducted esseret i
regardant the coordinatten of NtaCA activities under th1N Mou shall to eac ag op's own rules and regulation 1 wtth rWieussfy 4
3 he p
.oh411 not eiease information to the publie
{P'*oti!
(P 'f = :n;n :
originating it the DOS that th 003 deterstnee e to exempt fece i
dioelosure under Esemption 8 of the Peta (5 U.S.C.
553 (bl (S) ),
1 When trenesitting informatten to the NBC, the DDR shall indicate. in the transmittal letter whether the information to to be esempt free dioelosure under Isomption 5 et the FOIA.
All requests under the F01A for thte esempt informatten should be referred to the DOS and the requester se informed.
i XI.
APPEND [X The following appendix is attached to and made a part of this MOU:
I l
Appendix A Review and Concurrence Procedures.
X11. EXECUTION The parties have executed this MOU in several counterparts.
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DEPARTMENT OF ENERGY NUCLEAR REGULATORY COMMISSION i
Roger P. Whitfield Richard L. Bangart, Director or:,
Acting Associate Director Division of Low level Waste Office of Environmental Management and Decommissioning, Restoration NMSS F
By.
By:
Date:
Date:
.g.
DOE GM04 85Al26037 DOE.NRC MOU UMTRA Project MOD:
2 DATE: AMWMy/Jp//Jppp REVIEW AND CONCURRENCE PROCEDURES 1.0 Sly.jfy AND CONCURRENtt DOCUMENTS These Procedures set forth coordination responsibilities, including the preparation and transmittal of documents, the review of such documents, the preparation if comments, and in some cases an indication of concurrence or nonconcurrence with such documents.
The Document Coordination Table, b210w, is intended to be a graphic identification of the document, the version of the document (e.g., draft, final), the number of copies to be transmitted, the purpose of the transmittal (i.e., for information, review and comment, concurrence), the response time, and the pertinent Section of the Procedures which provides for NRC DOE coordination of the document.
The response times shown are weeks from receipt of the ducument or from NRC acceptance of the document if an acceptance review is performed.
In general, these represent reasonable review periods considering normal operating conditions.
If cor.flicts or submittals of multiple documents for review occur, schedules will w modified on the basis of priorities established by DOE and discussed during weekly telecommunications between DOE and NRC staff.
DOCUMENT COORDINATION TABLE PROCEDURES UMTRAP PURPOSE OF
RESPONSE
- OF SECTION D000 MEN 1 TRAN5MITTAl TIME COPIES
'J. J. !
Draft EA Information N/A 6
Final EA Information N/A 6
Draft Els Review / Comment 6 weeks 9
Final EIS Information N/A 9
Notice of intent Information N/A 2
VP Environmental Report Information N/A 2
3.1.2 Draft RAP Informal At site 9
Review meeting scheduled Ie* % %,
t%n 4eeet 6 weeks after NRC receipt.
Preliminary final RAP Review / Comment 8 weeks 9
Final RAP Concurrence 8 weeks 9
RAP Modification Concurrence 5 weeks 5
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DOE GM04 85AL26037 DOE NRC MOU VMTRA Project MOD:
2 DATE: #FMFF1/19ll1999
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PROCEDURES UMTRAP PURPOSE OF
RESPONSE
- OF SECTION DOCUMENT TRANSMITTAL TIME COPIES 3.1.3 REA (Normal Cases)
Information N/A 1*
REA (Supp.Stds.,
Concurrence 6 weeks 5
separate disposal site) 1 Modification to VPMIM Concurrence 5 weeks 4
3.2.1 Modifications to UMTRAP Review / Comment 5 weeks 2
QA Plan Remedial Action Concurrence With pre-2 Inspection Plan liminary Final QAP g p l NRC In Process /On-Site Identification N/A 2
Report Review of Concerns 3.2.2 Modifications to UMTRA Information N/A 2
Project EH&S Plan Site Specific EH&S Plan Information N/A 2
3.4 Draft Completion Report
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Ilisposal S<iMs Review / Comment 8# weeks 6
te
,%cesig t Rwow/c,mment 6 week i
Certification Report Disposal Site Concurrer.ce e # weeks 4
i
- Processing Site Concurrence 6 7 weeks 4
Separate VPs Concurrence 4 weeks 2
Normal VPs Information N/A 1*
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3.5 Remilling Contract Review / Comment Reasonable 2
f Time 4.2 Prior Written Notice of Concurrence 3 weeks 1
Pre RAP Processing Site Acquisition or Acquisition of VP 4.3 Prior Written Notice of Concurrence 3 weeks 1
State Sale / Retention of Processing Site /VP 4.4 Indian Permits / Easements /
Information N/A 2
Rights of Way 4.5 Prior Written Notice Concurrence Reasonable 1
of State Transfer of Time Title to Disposal Site A2 l
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DOE GM04 85AL26037 DOE.NRC MOV UMTRA Project MOD:
2 DATE: JAMWARy/18//Jf)0 PROCEDURES UMTRAP PURPOSE OF
RESPONSE
- OF SECTION DOCUMENT TRANSMITTAL
_ TIME Of.].LS
]
5.2 Draft Licensing Support Review / Comment 5 weeks 6
Documentation (including Site Surveillance and Maintenance)
Final Licensing Support License Reasonable 6 Documentation Time 5.3 Modifications to Guidance Review / Comment 4 weeks 4
for UMTRA Project Surveil-i lance and Maintenance 6.1 Draft Cooperative Agree-Review / Comment 5 weeks 2
ment or Modification Executed Cooperative Concurrence 3 weeks 4
Agreement or Modification 6.2 Annual Report to Congress Consultation /
Timely 2
Separate Comments
Response
Only upon specific NRC request.
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DOE GM04 85AL26037 DOE.NRC MOU UNTRA Project MOD:
2 DATE: s#MFM/ISl/]M9 1
2.0 DESIGNATION 2.1 Processino Sites - 00E, in consultation with NRC, has designated the processing sites included within the UMTRA Project.
In connection with such designation. DOE assigned to each site a relative priority for carrying out remedial action at such site.
The priorities are indicated in 46 FR 60875 (December 4. 1981),
i 2.2 vicinity Procertin DOE, with the concurrence of NRC, developed a Summary Protocol for the Survey and inclusion of Vicinity Properties 1
(Summary Protocol) as guidance for designation and inclusion of vicinity properties. DOE will include designated properties within the
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scope of the UMTRA Project cleanup effort in accordance with the i
Summary Protocol.
3.0 REMEDIAL ACTIONS 3.1 Selection of Remedial Action - DOE has the primary responsibility for selecting remedial action under Title I of the UMTRCA.
Selection of remedial action shall be with the concurrence of NRC and participating agencies. NRC concurrence shall be effected as provided herein.
3.1.1 Environmental Documents - The DOE, in selecting remedial action, will comply with the National Environmental Protection Act (NEPA), and will prepare environmental documents evaluating l
the environmental impacts of the various alternatives for i
remedial action for each processing site.
NRC, as a Federal i
Agency with relevant expertise, will review draft EIS's in compliance with guidelines established by the Council on Environmental Quality (CEQ).
Moreover, NRC will provide comments, if any, resulting from its review of the NEPA documentation.
Should any aspect of the information presented by DOE in its environmental documents affect compliance with the UMTRCA, Title I and/or the relevant EPA Standards, NRC will notify DOE of such a determination and will factor such information into any concurrence determinations.
DOE and NRC' acknowledge that NEPA compliance for vicinity properties may be accomplished by the environmental documents prepared for the associated processing site, in which case the procedures for review will be those outlined above. Otherwise.
DOE shall submit the pertinent vicinity properties environmental assessment or report to NRC-for information.
In the event DOE conducts scoping in connection with environmental documents. DOE shall provide NRC with an opportunity to participate in the scoping process, and shall provide to NRC thirty day prior notice of any scoping meeting.
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DOE GM04085AL26037 DOE.NRC MOU UMTRA Project MOD:
2 DATE: JAMMAfy/Jf//J))#
3.1.2 Remedial Action Plans - DOE shall prepare and submit for NRC review,
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as the basis for concurrence with the selection of each remedial action, including those for combined sites, a Remedial Action Plan (RAP).
This document will logically lay out all the information, i
data, and analyses necessary for NRC to conclude that the EPA t
Standards will or will not be satisfied.
Where it is possible, considering the point in the remedial action process, each site RAP L
should conform to the NRC SF&C Position, i
no toener b NRC sh 1 review the draft RAP and provide comments to DOE orally during a site visit meeting.
The site meeting will be scheduled to occur :t M;t six (6) weeks following NRC receipt of the draft RAP.
NRC and DOE shall insure thtt appropriate personnel attend the site visit / design review meeting so that all NRC comments on the draft RAP j
can be discussed.
Meeting notes shall be prepared during the meeting j
enumerating each NRC comment, and copies will be provided to all meeting participants prior to adjourning the meeting, j
Representatives of DOE and NRC shall sign the meeting notes to acknowledge that the notes accurately represent what was discussed.
DOE and NRC shall attempt to reconcile these and other NRC comments in the course of DOE's preparation of the final RAP through informal communication.
1 NRC shall review the preliminary final RAP, and will provide a written response, which will highlight any open issues that remain.
Subsequent NRC/ DOE efforts to resolve any outstanding open issues will result in one of the following:
.1 Indication in writing of NRC's formal con:urrence with the selection of the remedial action, as described in the final RAP. NRC concurrence is required only for those aspects which are pertinent to a determination as to whether the proposed remedial action complies with the EPA Standards and other applicable law, and is consistent with the purposes of Title 1 l
of the UMTRCA.
.2 Indication in writing of NRC's formal conditional concurrence with the selection of remedial actions as described in the final i
RAP.
Along with the signature pages, NRC will address these open issues in a written response which will indicate the basis t
for withholding full concurrence with the selection of remedial r
action.
At the request of DOE and with reasonable justification by DOE, NRC shall separately advise DOE of the extent of any construction activities, which DOE proposes to pursue in advance of full NRC concurrence, which DOE may pursue without prejudice to NRC's conditional concurrence.
DOE and NRC shall attempt to A5 tj
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DOE GM04 85Al.26037 DOE NRC MOV UMTRA Project M00:
2 DATE: HMS91/181/1999 reconcile such issues in a timely manner; NRC may recommend technical approaches or methods to resolve such issues, in all cases, DOE may proceed at its own risk pending NRC concurrence.
.3 Indication in writing of NRC's formal nonconcurrence, identifying those aspects of the remedial action conceptual design, which are inadequate to meet the EPA Standards.
ura W
Where DOE can demonstrate that certain construction activities do not compromise the DOE's capability to comply with the EPA Standards, then NRC will issue a formal written partial concurrence with only those activities.
In all cases DOE may proceed at its own risk pending NRC concurrence.
With respect to modifications to a RAP, including the final design, NRC concurrence is required only for those aspects which are pertinent to attaining cumpliance with the EPA Standards.
For all RAP modifications DOE will provide NRC with a notification of proposed modification and an analysis of whether the modification directly affects meeting the EPA Standards.
For modifications requiring NRC concurrence, DOE may proceed with remedial actions at its own risk pending NRC concurrence.
DOE and NRC shall attempt to reconcile any NRC comments as necessary to obtain NRC concurrence with modifications to the RAP. Upon concurrence by NRC and any other affected participating agency or agencies, the RAP, or any modification thereof, shall become an appendix to the cooperative agreement with such participating agency or agencies.
3.1.3 Radiolooical and Enoineerina Assessments - The VPMIM is an VMTRA management document which details the procedures for the inclusion of vicinity properties and the selection and performance of remedial actions at vicinity properties.
The VPMIM and modifications require NRC concurrence.
DOE shall prepare a Radiological and Engineering Assessment (REA) and shall select remedial actions for each vicinity property or group of vicinity properties in accordance with the Vicinity Property Management and Implementation Manual (VPMIM).
Upon NRC-request. 00E shall provide copies of all normal REAs to NRC for information.
DOE and NRC presently contemplate that:
remedial action at the majority of vicinity properties will consist of removal of residual radioactive materials such that the standards set forth in Subpart B of the EPA Standards are met; that long term control of the residual radioactive materials removed will be accomplished in conjunction with the disposal of residual A6
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DOE GM04 85AL26037 DOE.NRC MOV UMTRA Project MOD:
2 DATE: HMMy/10llJM9 radioactive materials at the associated processing site in accordance with Subpart A of the EPA Standards; and that such long term control will be the same as that presented in the associated processing site's RAP, with which NRC concurs under Section 3.1.2 of these Procedures, Consequently NRC shall exercise a " separate" concurrence for vicinity properties only in those cases where:
DOE proposes to use the supplemental standards set forth in Subpart C of the EPA Standards; DOE proposes to designate, include'or perform remedial action at a.-
vicinity property or group of. vicinity properties after NRC has concurred with DOE's certification of the completion of remedial action at the disposal site; or DOE proposes to use a disposal site other than that used for the disposal of the residual r
radioactive materials from the associated UMTRA processing site.
In the case of the Edgemont, South Dakota vicinity properties, NRC has already concurred with DOE's use of the disposal site for.
i decommission and decontamination of the mill site owned by the Tennessee valley Authority (TVA) through its concurrence with DOE Interagency Agreement No. DE-A104 84AL27241.
l For cases of " separate" NRC concurrence as discussed above, DOE shall submit to NRC for its review and concurrence copies of a Radiological and Engineering Assessment-(REA) for each vicinity property or group of vicinity properties.
The REA shall include a radiological assessment of the vicinity property, design data for the proposed remedial action, and, where appropriate. DOE's rationale for application of supplemental standards. NRC shall t
review the REA and indicate concurrence with the recommended remedial action or provide comments to DOE.
DOE and NRC shall attempt to reconcile any NRC comments prior to DOE initiation of i
remedial action at the subject vicinity property or properties.
3.2 Performance of Remedial Actions at Processina/Discosal Sites 3.2.1 Ouality Assurance - Copies of the Project QA Plan have been provided by DOE to NRC for information purposes.
DOE shall provide to NRC copies of any modifications to the Project QA Plan for NRC review and
- comment, t
DOE shall implement a graded approach to QA during site remedial action activities as follows:
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DOE GM04 85AL26037 DOE NRC MOV UMTRA Project MOD:
2 DATE: #10lW/18//JP)9
.1 DOE shall ;;.;; 1
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define quality assurance procedures in a site specific Remedial Action Inspection Plan (RAIP), which will contain, as a minimum, details regarding or provisions for:
organizational structure; testing and inspection; qualifications and certificate of inspection of test personnel; quality assurance records control; control of measuring and test equipment; and nonconformance and Eb $
corrective action.* DOE shall provgto NRC copies of the site specific RAIP ';. 7 ;r ;-. a t th; t M the preliminaryfinalRAPf corresponding,di vena ed eense n m[gitg to NRC.6er.
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.2 DOE shall perform in process surveillance activities in order to:
evaluate quality and compliance of the remedial actions with relevant design specifications and standards; assure accurate measurement of appropriate radiological and physical conditions; assess completion of remedial action and readiness of the site for DOE certification.
.3 DOE will assure that NRC has a current schedule of remedial
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os action DOE audits and in field inspections. NRC may accompany DOE on site reviews of remedial action activities from time to time for the primary purposes of assuring that the DOE prescribed system of quality assurance is in place ed is functioning in a manner which assures compliance with the RAP and the EPA Standards.
NRC may also conduct
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periodic construction inspections in accordance with NRC Manual Chapter 2620.
NRC shall provide notification'to the DOE UMTRA Project Office at least 5 days in advance of any routine inspection to enable a DOE representative to be present.
NRC inspectors shall be afforded the opportunity for a one-on one discussion of site activities and records ok with site personnel.
NRC and DOE shall attempt to immediately resolve any issues arising out of such inspection.
NRC shall provide two copies of any report resulting from such inspection to the DOE Liaison upon'NRC issuance of the report.
DOE will' notify the NRC Liaison of analyses and resolution of issues identified during NRC on-site reviews.
3.2.2 Environmental Health and Safety - DOE shall have overall res)onsibility for the health End safety of occupational wor (ers and the general public during remedial actions at UMTRA Project sites.
Copies of the UMTRA Project Environmental Health and Safety Plan have been provided by DOE to NRC.
DOE shall provide to NRC copies of any A8
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DOE GH04085AL26037 DOE NRC MOV UMTRA Project MOD:
2 i
DATE: JFMM1/JSl/JH9 I
modification to the UMTRA Project Environmental Health and Safety Plan.
DOE shall cause its remedial action contractor (s) to prepare, for DOE approval, detailed and site specific plans / procedures for implementing the UMTRA Project l
Environmental Health and Safety Plan. DOE shall provide to NRC' copies of such DOE-approved plans / procedures for information.
3.3 Performance of Remedial Actions at Vicinity Prooerties - DOE shall perform on site remedial action in connection with vicinity properties in accordance with the VPMIM.
NRC concurrence with completion of l
remedial actions at vicinity properties shall be as provided for in Section 3.4 of these procedures.
3.4 Certification - DOE shall evidence completion of cemedial actions by
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preparation of a certification report.
NRC concurrence with the certification report shall be considered by DOE and NRC as concurrence that remedial actions are completed.
The DOE certification submittal for a disposal site is comprised of the following:
a.
A Final Completion Report containing but not limited to:
an executive summary; a description of remedial action; a description of post remedial action conditions; as built specifications and drawings; field test reports; and verification measurement results.
b.
Final Audit Reports (including reports of in process surveillances prepared by DOE and/its contractors).
A DOE Certification Summary signed by the DOE UMTRA Project c.
Manager.
DOE shall provide to NRC for review
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completion report for M disposal
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, t, copies of a draft econciliation of any NRC comments, DOE shall submit to the NRC, for concurrence, a final f ;;;ni ;it; certification report.
s,. rem \\e% ret *O processing site will consist of,[ht =t k limited te,.ei tfic;tb for a relocated site, a DOE certi ication submittal for the associated Nih Ni1?N5'1,""i"'*"'"P? aM a DOE ce{}ficatjon symmag.
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f. - n,3 The DOE certification submittal for a vicinity property requiring
" separate" NRC concurrence as provided in Section 3.1.3 of these Procedures will consist of a final completton report and a DOE certification summary. DOE shall provide to NRC, for review and concurrence,copiesofafinalcertificationreport.gg**p',y,p*
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00E GM04 85AL26037 DOE NRC HOU VMTRA Project MOD:
2 i
DATE: HMMHIBulMS i
Upon NRC request, DOE shall provide to NRC information copies of certification reports for vicinity properties that do not require
" separate" NRC concurrence as provided in Section 3.1.3 of these
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Procedures.
t% [* N [Should revisions to a ; :^:n.-, /2::r " separate" vicinity property final certification report be required DOE shall make the appropriate-revisions and resubmit the report se c h ev99e W ens 48 to NRC for
,c,oncurrence.
The Uranium Mill Tailings Remedial Action Amendments Act of 1988 provides for an extension of the DOE's remedial actions under Title i 1
of UMTRCA.
For those cases where long term groundwater restoration is necessary, the Amendments Act contemplates a two phased remedial action.
The first phase culminates in NRC's concurrence with DOE's certification that all design specifications have been completed, except for groundwater restoration, in accordance with the RAP or REA previously concurred with by NRC.
It should be noted that remedial action design aspects relating to groundwater protection from future contamination would still need to be addressed in the first phase.
Should the groundwater restoration require additional time beyond that
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needed to complete the first phase, the second phase would continue with no restrictions of DOE's ability to conduct such groundwater i
restoration, and hence no congressionally mandated completion date.
l Only groundwater restoration activities relating to cleanup of existing groundwater contamination would be included under the second phase remedial period.
Upon promulgation of the final EPA groundwater protection standards, NRC and DOE will cooperate to establish the implementation strategy at sites where the second phase groundwater restoration is necessary.
DOE would evidence completion of the groundwater restoration phase of remedial action, separately, but in the same fashion as was done for the first phase.
3.5 Remillina -
Pursuant to Section 108(b) of the UMTRCA, DOE, with the concurrence of the NRC, may permit the remilling of residual radioactive materials at a processing site in conjunction with remedial action.
DOE shall, include any proposed remilling alternative in the i
Remedial Action Plan for that site.
NRC concurrence with such Remedial Action Plan shall be considered concurrence with DOE's decision to permit remilling, provided that NRC shall also have the right to review and comment on any proposed agreement or contract, between DOE and the person selected to re mill the residual radioactive materials, which i
sets forth the terms and conditions of remilling.
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DOE GM04 85AL26037 DOE NRC MOU UMTRA Project MOD:
2 DATE: JAMWAF//J#//17)#
4.0 ACOUISITION AND DISPOSAL OF LANDS i
4.]
Rioht of Entry DOE shall assure that NRC has a permanent right of entry to inspect processing sites and disposal sites, including those on Indian lands, in furtherance of the provisions of Title 1 of the j
UMTRCA and to enforce the UMTRCA and any rules prescribed thereunder.
DOE shall also assure that the NRC has a right to inspect any vicinity property, including any on Indian lands, for the same purposes during the course of remedial actions on that property. Any NRC entry onto a processing site, disposal site, or vicinity property shall be coordinated in advance by NRC with the DOE Liaison.
4.2 Acouisition 4.2.1 State Acouisition - NRC has a responsibility to make a concurrence decision under UMTRCA regarding DOE decisions to i
require State acquisition of processing sites, disposal sites, t
and vicinity properties. NRC concurrence with DOE acquisition i
decisions normally will be effectuated by its concurrence with the RAP.
In those cases where acquisition will be initiated prior to DOE submittal to NRC of a RAP for concurrence, and in those cases where DOE decides that acquisition of a vicinity property is appropriate, then DOE shall provide to NRC written i
notice of its decision regarding acquisition and the rationale therefore and request NRC concurrence with such decision.
4.2.2 DOE Acouisition -
from time to time DOE may, pursuant to Section 106 of the UMTRCA, initiate either of the following methods of direct federal acquisition of a processing site, disposal site, or vicinity property:
.1 Request the Department of Interior to transfer jurisdiction f public lands to 00E.
.2 Utilization of the U.S. Army Corps of Engineers (Corps) to j
acquire,real estate by purchase, donation, or condemnation i
on behalf of DOE, in the event of such direct federal acquisition DOE shall provide to NRC information regarding the acquisition in the appropriate licensing submittal.
4.3 Safe of/ Sites The farties acknow edge tha in th case 7of any l
p oce ing si or y tinity ropert to whi DOE r an ffecte state equ e titi and f r whic DOE a such s ate s re t costs f
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acqu sition nder coop ative reemen, the tate y sell such site A ll b
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DOE GM04o85AL26037 o
DOEoNRC MOU
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VMTRA Project MOD:
2 DATE: H M My/)Rl/ipp0 aquir/ttono
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U liz the
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my Cor of E ineer (Corp ) to e real estat by p rchase, donat n, or ondem ation nb alf of DOE.
In he ent of such irec feder9 acq sition DOE all p vid to NRC infor atio regar ing t acqui tion n the a propr ate 1 ensi g su ittal 4.3 Sale of sites - 'The parties acknowledge that in the case of any processing site or vicinity property to which DOE or an affected state acquire title and for which DOE and such state share the costs of acquisition under a cooperative agreement, the state may sell such site or property or retain such site or property for permanent use by the state solely for park, recreational, or other public purposes. DOE shall, pcior to such sale or retention, provide to NRC written notice of the proposed sale or retention and request ~NRC concurrence with same.
4.4 Indian Lands -
DOE shall provide to NRC information copies of any permit, easement, right of entry or other real estate agreement authorizing DOE to conduct remedial actions or maintenance. monitoring or emergency measures at disposal sites on Indian lands.
4.5 Transfer of Title - The parties acknowledge that title to any disposal site acquir0d by a state under a cooperative agreement with DOE, and all residual radioactive materials deposited at such disposal site, must be transferred to the Government upon completion of remedial action.
DOE shall, prior to such transfer of title, provide to NRC written notice of the proposed transfer of. title requesting NRC concurrence with same within a reasonable period of time.
NRC shall respond to DOE within a reasonable period of time.
4.5.1 Transfer from States - Such transfer is generally executed following NRC concurrence with the DOE's certification that the remedial action has been completed.
Where convincing circumstances exist warranting such transfer (s) prior to the certification concurrence by NRC, DOE shall provide written justification supporting this premature transfer and explicitly demonstrating that no technical, economic or statutory obstacles shall compromise the compliance with EPA Standards or the general provisions of UMTRCA Title I as a result of such early transfer (s).
4.5.2 Sites on Indian Lands - Where sites stabilized on Indian Lands-are involved, ownership of the site will remain with that Indian
- Tribe, in such cases where residual radioactive material is relocated off Indian Lands, early transfer of-title at the disposal site shall be treated as in section 4.5.1 above.
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DOE GM04 85AL26037 DOE.NRC MOU VMTRA Project MOD:
2 DATE: HMPF1/1R//1999 5.0 LONG TERM MAINTENANCE OF DISPOSAL SITES 5.1 General - With the exception of the disposal site for residual radioactive materials removed from Edgemont, South Dakota vicinity properties, which is an NRC licensed, TVA owned site, and the disposal site for residual radioactive materials removed from the Riverton, Wyoming, processing site, which is an NRC licensed Title 11 site, DOE shall assume custody of each disposal site which has been transferred to or otherwise acquired by the Government.
However, for disposal sites located on Indian Lands, DOE will request, where necessary, the appropriate Indian Tribe (s) to transfer title of the residual radioactive materials to the Federal Government, and withdraw said Indian Lands from the public entry. DOE shall also perform monitoring, maintenance, and emergency measures at each disposal site, including those disposal sites on Indian Lands where approval has been granted by the Indian Tribe (s), necessary to protect public health, safety, and the environment and such other actions required by a license to be issued by NRC, until such time, if ever, as the President designates another federal agency to perform such monitoring, maintenance, and-emergency measures.
5.2 License Pursuant to Sections 104(f)(2) and 105(b) of the UMTRCA, NRC shall license the long term monitoring, maintenance, and surveillance of a site af ter NRC concurrence with DOE's certification report.
In order to facilitate the title transfer and the licensing process, NRC is in the process of rulemaking to address licensing DOE's custody of Title I disposal sites after the NRC concurrence with the DOE certification of remedial action completion.
The regulation pertaining to this subject will be promulgated in 10 CFR Part 40.
For each site, including disposal sites on Indian Lands, DOE shall prepare and submit to NRC six copies of licensing support documentation (including the site surveillance and maintenance plan) for long term maintenance of each disposaB site. After NRC review and concurrence with this licensing support dotumentation, NRC shall issue a license to DOE or such other,ederai agen,:y designated by the President to maintain the site according to the conditions of the licensing support documentation as approved by and subsequently amended by NRC.
5.3 Surveillance and Maintenance - Guidelines for the surveillance and maintenance portion of the license application shall be presented in a document titled Guidance for UMTRA Project Surveillance and Maintenance which describes the monitoring, maintenance, and emergency measures to be performed by DOE, or such other federal agency as designated by the President, in order to maintain design conditions as certified.
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DOE GM04 85AL26037 DOE.NRC MOV UMTRA Project MOD:
2 DATE: #FM$yyy/1SI/1999 5.4 Sale or lease of Minerals - Pursuant to Section 104(h of the UMTRCA, the Secretary of the Interior may dispose of subsurface) mineral rights, by sale or lease, in connection with any disposal site to which the Government takes title under Section 104(f) of Title I of the UMTRCA.
Such sale or lease is subject to: concurrence by DOE and NRC; and issuance of a license or license modification by NRC which shall govern disturbance and restoration of the disposal site.
6.0 ADMINISTRATION 6.1 Cocoerative Aareements 6.1.1 Concurrence - DOE shall provide to NRC, for review and comment, copies of a cooperative agreement, in draft form at the same j
time such draft or revised draft it provided to participating agencies.
Upon execution of the cooperative agreement or modification thereof by the affected state or tribe DOE shall transmit the agreement to NRC for review and concurrence; provided that modifications which merely increase the estimated l
costs of funds obligated in the cooperative agreement without revision to the RAP shall not require NRC concurrence.
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6.1.2 Administration - The parties contemplate that DOE and NRC will i
interface with other participating agencies in the performance of this MOU.
However, the appropriate DOE Contracting Officer shall be responsible for the administration of the cooperative agreements, including sole responsibility on behalf of the Government for the modification thereof or any change thereto affecting cost, schedule or performance thereunder.
The Project Manager, UMTRA Project Office, shall be designated by DOE as the i
Contracting Officer's Representative (COR) for purposes of the administration of cooperative agreements.
The COR shall be responsible for monitoring the technical compliance of each state or Indian tribe and managing the performance of DOE under I
the cooperative agreements.
Each party shall attempt to keep i
the other informed regarding any interface with participating agencies wh,ich affects activities within the scope of this MOV.
6.1.3 Indian Lands followino certification - The DOE will request, where necessary, that the appropriate Indian Tribe (s) enter into an agreement or modification to the Cooperative Agreement.
regarding title to the residual radioactive material, withdrawal of Indian Lands from the public entry on which the disposal site is located, and monitoring, maintenance and surveillance of the disposal site to be performed under license to NRC following completion of remedial action, as stipulated in VMTRCA, Title 1.
Section105(a).
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DOE GM04 85AL26037
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UMTRA Project MOD:
2 OATE: HMMSM/lSl/1999 The Cooperative Agreement shall also include the transfer of
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responsibilities to any successor agency designated by the President. DOE shall include any such agreement or modification to i
the Cooperative Agreement in the site Surveillance and Maintenance Plan.
6.2 Annual Report to conoress l
Until January 1, 1986, except as such date is extended by Congress DOE l
shall prepare an annual report to Congress on the status of the UMTRA Project as required by Section ll4(a) of the UMTRCA.
The report shall be prepared in consultation with NRC and shall contain any separate j
views, coments, or recommendations of the NRC.
NRC shall provide a timely response to DOE's request for input to such report.
t 6.3 Documentation of UMTRAP Pursuant to Section ll4(e) of the UMTRCA, NRC, in cooperation with DOE, shall ensure that any relevant information, other than trade secrets
.j and other proprietary information otherwise exempted from mandatory disclosure under any other provision of law, obtained from the conduct i
of remedial actions is documented systematically, and made publicly available conveniently for use. With regards to normal vicinity property documentation. DOE shall be NRC's agent in fulfilling i
requirements of Section ll4(e) and shall provide NRC with periodic updates of location of document availability.
Furthermore, where documentation was not needed by NRC for its evaluations and which, therefore, were not provided to NRC DOE will act as NRC's agent in making such documentation conveniently available for public use, as stipulatedinUMTRCA. Title 1,Section114(e).
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