ML20134A690
| ML20134A690 | |
| Person / Time | |
|---|---|
| Issue date: | 06/21/1984 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Cannon J ENVIRONMENTAL PROTECTION AGENCY |
| Shared Package | |
| ML20132C331 | List: |
| References | |
| FOIA-84-709, FOIA-84-A-72 NUDOCS 8511070530 | |
| Download: ML20134A690 (7) | |
Text
f JUN 21 BM Mr.' Josech's. CstWn Assistant Administrator for Air and Radiation U.S. Environmental Protection Agency Washing *an, D.C. 20450
Dear Mr. Cannon:
Pursuant to the versal understanding between Acninistrator Ruckelshaus and Chairman Paliadino at their meeting on May 21, I am trans=itting for your review and comment a revised staff draft programmatic agreement on the implementation of EPA uranium mill tailings stancarcs. When you have completed your review, we would be happy to meet with you at your earliest convenience to discuss your concents.
Sincerely, (Sissed) Jeh:. G. Davi:
John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
Draft Programmatic Agreemenc 8511070530 851021 PDR FOIA BERICK84-A-72 PDR , f
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- -Interagency Programaatic Agreement ;
Between the U.S. Nuclear Regulatory Cocnission j and the U.S. Environmental Protection Agency on
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Uranium Mill Tailings Regulation t
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. INTRODUCTION 1
1 The U.S. Nuclear Regulatory Commission (NRC) and the U.S. Environmental I Protection Agency (EPA) believe it is appropriate to pursue a programmatic j agreement to define interagency procedures associated with the regulation of
! mill tailings disposal pursuant to sections 84 and 275 of the Atomic Energy L
. Act, as amended (AEA).
Section 275 of the AEA requires EPA to promulgate standards for the regulation i of the radioactive hazards associated with mill tailings as well as hazards from substances regulated under the Solid Waste Disposal Act, as amended by the
] Resource-Conservation and Recovery Act (RCRA). EPA promulgated its standards 1
- on September 30, 1983 (40 CFR Part 192). Section 84 of the AEA requires the i
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2-Administrator's concurrence in general requirements established by the Cormission for the management on non-radioactive hazardous constituents. NRC must revise its regulations in order to conform then to the EPA standards. The EPA standards incorporate by reference groundwater protection provisions found in Part 264 of the RCRA regulations. To meet the UMTRCA mandate, NRC must implement the groundwater provisions applicable to uranium mill tailings through its conformed regulations.
Both the NRC and the NRC Agreement States are legally obligated under Section 275d of the AEA to implement and enforce the EPA standards for mill tailings in 40 CFR 192, subparts 0 and E. Since the effective date specified in the EPA standard was December 6,1983, the Commission believes that the legal obligation for NRC and the Agreement States includes enforcement in the interim while conforming and implementing rule changes are made.
PREMISES The Programmatic Agreement is based on the following premises:
- 1. There should be a single comprehensive set of regulations governing the cratection of groundwater from contamination by uranium mill tailings, issued by NRC in consultation with the EPA.
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There should be a single regulatory agency contact for applicants and i licensees. 'That agency should be the NRC or appropriate agency in an NRC L Agreement State with authority to regulate uranium mill tailings.
l 3. There should be established a framework for EPA te fulfill its statutorv j
responsibility for concurrence in NRC general requirenents for groundwater protection pursuant to Section 84a(3) of the AEA.
j AGREEMENTS i
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! (1) The NRC will insure through its comprehensive regulations that the i
management of any byproduct material relating-to mill tailings disposal is j carried out in a manner that conforms with applicable general standards
4 and with general requirements established by the NRC, with the concurrence
! of the EPA Administrator, which are, to the maximum extent practicable, at j
J least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator j under the Solid Waste Disposal Act, as anended. NRC may approach j rulemaking in steps to reach i final rule that accomplishes all its
- congressional mandates. Pursuant to Section 84a(3) of the AEA, NRC will i
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4-submit its general requirements for groundwater protection to EPA prior to codification in a final rule or to orogrammatic implementation.
(2) An interim groundwater monitoring and data collection program is needed for existing impoundments of existing licensees while NRC develops and promulgates final comprehensive regulations as discussed in paragraph (1).
NRC and EPA agree to the use of present programs in place at every site to the maximum extent practical for this purpose. This approach is consistent with the flexibility EPA provides its permittees through
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interim status standards in 40 CFR Part 265.
NRC will evaluate monitoring programs by existing licensees for sample collection, sample analysis, well placement, etc., and will require that the monitoring prograns are upgraded as necessary to assure that when NRC final rules are in place, an adequate basis will exist for developing and implementing any needed corrective action programs. In the interim, until NRC rules are in place, NRC will require that mitigative actions continue to be taken on a case-by-case basis, as necessary. Interim corrective actions will be required of a licensee if it is determined by NRC that there are significant health, safety, or environmental problems resulting from existing practices.
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(3) EPA agrees to participate with NRC during this interim period in the development of a data base for hazardous constituents at mill tailings sites. EPA agrees to furnish NRC available case-by-case decisions on h alternate concentration levels (ACLs) for sites licensed by EPA and to
- provide technical consultation and services.
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(4) NRC in consultation with EPA will develop a methodology for reviewing f
j applications for' ACLs which will take into consideration the EPA criteria j for alternate concentration limits codified in 40 CFR 264.94. EPA agrees 1
i that this will satisfy the provision in 40 CFR 192 requiring EPA ;
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cencurrence in NRC approval of ACLs. Consequently, EPA concurrence in any !
NRC case specific determinations of ACLs will not be necessary.
(5) Section 84c of the AEA allows applicants for NRC licenses to submit licensing alternatives to NRC for review and approval. NRC and EPA
{ recognize that the flexibility afforded by Section 84c is an important aspect of the licensing and regulatory processes.
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. (6) Agreement State implementation of EPA standards and development of state '
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, regulations compatible with NRC final rules may take place pursuant to l
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-- . ai i? L 6-this programmatic agreement. (Note, however, that Section 2740 gives states flexibility in this area.)
(7) NRC and EPA agree that appropriate senior management from each agency (Assistant Administrator-EPA /0ffice Director-NRC) should neet quarterly to coordinate activities of mutual concern and to assess the status and progress of the regulation of mill tailings as laid out in this agreement.
(8) At least until the conclusion of the NRC conforming rulerak'ng, the Commission Chairman and EPA Administrator agree to meet at least annuali; to approve coordinated regulatory plans and discuss any issues arising from implementation of any of the matters agreed to under tne programmatic agreement.
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