ML20151S276
| ML20151S276 | |
| Person / Time | |
|---|---|
| Issue date: | 08/21/1998 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Harrington M HOUSE OF REP. |
| References | |
| CCS, NUDOCS 9809040244 | |
| Download: ML20151S276 (4) | |
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'b UNITED STATES
'D NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 300eH001 August 21,1998 l
Mr. Mark Harrington Subcommittee on Basic Research Committee on Science United States House of Representatives B-374 Raybum House Office Building Washington, D.C. 20515
Dear Mr. Harrington:
As requested, enclosed is an insert for the record of the May 21,1998 hearing before the Subcommittees on Basic Research and Energy and Environment conceming Extemal Regulation of DOE Labs.
Please contact me if I can be of further assistance.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs s
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i 9809040244 900821 PDR ORG NRCCO PDR
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l lMPLEMENTATION OF EXTERNAL REGULATION SEC.
. (a) Authority.-
(1) ELIMINATION OF DEPARTMENT OF ENERGY AUTHORITY.-Except as provided l
in paragraph (2), effective August 1,1999, the Department of Energy shall have no regulatory or enforcement authority, through rules, regulations, orders, and standards, or reporting I-requirements, with respect to Federal, State, and local environmental, safety, and health l
requirements at the (list of DOE facilities determined by the Science Committee).
I (2) EXCEPTION.-Notwithstanding paragraph (1), the Department of Energy shall retain l
l regulatory or enforcement authority described in paragraph (1) to the extent that no other Federal, State, or local govemmental agency has such regulatory or enforcement authority.
l (b) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION AND NUCLEAR REGULATORY COMMISSION AUTHORITY.-
l (1) JURISDICTION AND APPLICABILITY.-
(A) Notwithstanding any other provision of law, effective August 1,1999, l
the Occupational Safety and Health Administration shall assume the regulatory l
and enforcement responsibilities of the Department of Energy relating to matters l
l covered by the Occupational Safety and Health Act of 1970 with regard to the (list of facilities), except for the responsibilities described in subparagraph (B).
The Department of Energy's contractor or contractors operating such laboratory shall be considered an employer for purposes of the Occupational Safety and Health Act of 1970, the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq), and the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.).
(B) Effective August 1,1999, the Nuclear Regulatory Commission shall assume the regulatory and enforcement responsibilities of the Department of
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Energy under the Atomic Energy Act of 1954 with regard to radiological safety j
and health at the (list of facilities), including such responsibilities with respect to accelerator-produced radioactive material and ionizing radiation generating machines, and the term " Federal agencies" in section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)) shall be deemed to include the Commission. For the purposes of carrying out the responsibilities described in this subparagraph, the Commission, in its discretion, may license or provide certification for the Department of Energy, the Department of Energy's contractor for operation of the Laboratory, or both.
(C) Any final order or regulation of the United States Nuclear Regulatory Commission establishing standards to govem the operation of the Laboratory and any final determination by the Commission relating to whether thc Laboratory is in compliance with a Commission regulation or order applicable to the Laboratory shall be subject to judicial review as provided for Commission actions covered by section 189 b. of the Atomic Energy Act of 1954 (42 U.S.C.
2239(b)).
(2) MEMORANDUM OF UNDERSTANDING.-The Nuclear Regulatory Commission and the Occupational Safety and Health Administration shall, within 90 days after the date of the enactment of this Act, enter into a memorandum of understanding to govem the exercise of their respective authorities over occupational safety and health hazards at the (list of facilities).
(c) DECOMMISSIONING.-A coatractor operating the (list of facilities) shall not be responsible for the costs of decommissioning that facility. No enforcement action may be taken against such contractor for any violation of Nuclear Regulatory Commission decommissioning
I requirements, if such violation is the result of a failure of the Department of Energy to fund decommissioning activities.
(d) INDEMNIFICATION.-The Secretary of Energy shall continue to indemnify the (list of facilities) pursuant to section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)).
(e) CIVIL PENALTIES.-Ths Depadment of Energy's contractor operating the (list of facilities) shall not be liable for civil penalties under the Atomic Energy Act of 1954 or the Occupational Safety and Health Act of 1970 for any actions taken before October 1,2000, pursuant to the transfer of regulatory and enforcement responsibilities required by this section.
(f) TRANSITION PLAN.-By October 31,1998, the Secretary of Energy, in coordination with the Nuclear Regulatory Commission and the Occupational Safety and Health Administration, shall prepare a detailed transition plan for the transfer of regulatory and enforcement responsibilities required by this section, including the activities to be coordinated with the Nuclear Regulatory Comm!ssion and the Occupational Safety and Health Administration.
(g) TRANSFER 05 FUNDS.-For the purposes of carrying out this section, and for conducting pilot programs and other activities necessary to prepare for and effect the transition of regulatory and enforcement responsibilities from the Department of Energy, the Secretary of Energy shall transfer (to be determined) from the appropriation made by this Act for Departmental Adminbtration to the Occupational Safety and Health Administration.
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