ML20198J108

Forwards Draft MOU Between NRC & DOE Re Responsibilities Under U Mill Tailings Radiation Control Act of 1978,for Review & Concurrence

ML20198J108
Person / Time
Issue date:	05/07/1986
From:	Knapp M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Themelis J ENERGY, DEPT. OF
References
REF-WM-39 NUDOCS 8605300681
Download: ML20198J108 (21)

Text

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-y- MJ Bell (Return to W5,'df5Sf RE Browning JT Greeves EF Hawkins, URF0 John G. Themelis, Project Manager DM Gillen Uranium Mill Tailings Project Office R Fonner, ELD U.S. Department of Energy PS Justus Albuquerque Operations Office MS Nataraja P.O. Box 5400 M Fliegel Albuquerque, New Mexico 87115 C Kussel

Dear Mr. Themelis:

Enclosed please find an annotated copy of the revised Memorandum of Understanding (MOU) for review and concurrence procedures to be carried out under the UMTRA Program. Following a March 25, 1986 meeting between NRC and DOE staff in Denver, Colorado, we have incorporated changes suggested by both NRC Headquarters and URF0 staffs.

o We frequently receive document submittals erroneously stating that per the MOU, NRC is " required" to respond within a certain period.

The listed response times are nominal target dates only, and should not be misconstrued to be firm deadlines.

o While I understand that it is difficult to distribute document submittals evenly throughout the year, it is difficult for NRC to adequately review such documents within the MOU-specified response times, when documents for different sites arrive simultaneously, o NRC resources for UMTRAP reviews are based on DOE planning schedules.

When DOE slips its schedule, it is necessary to alert NRC so that adjustments can be made to accommodate these changes. In the case that DOE slips its schedule for an UMTRAP site review, the resources previously allocated for that review may have been shifted to other assignments. This may result in longer delays than would be expected to complete NRC's review. Nevertheless, NRC will exert its best effort to respond within agreed response times. In any case, DOE should keep NRC informed at all times of any schedule changes and shc'uld communicate to NRC the priorities associated with such changes.

o The enclosed MOV has been annotated to indicate the distribution of documents between NRC Headquarters and URFO. In the past, the reviews have been affected either by the transmittal of insufficient numbers of copies or else by the transmittal to the wrong office.

Should you have questions regarding the proper addressee or the number of copies, I request that you contact NRC prior to t ransmi ttal .

OFC :WMLU:rj :WMLU :WMLU  :  :  :  : I NAME :GN Gnugnoli :DE Martin :MR Knapp  :  : -

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_2 o The document coordination table in Appendix A does not reflect the current review process. Among other information, the table should identify:

the documents to be reviewed by NRC the order in which the documents will be submitted for NRC review and/or concurrence, and the target response times commensurate with the depth of review requested by DOE.

o The MOU stipulates that the Low-Level Waste and Uranium Recovery Projects Branch (WMLU) is responsible for all generic matters regarding UMTFAP. Correspondence regarding generic matters such as criteria or r'.atine procedures for program conduct should be addressed to me. Copies shculd be provided to URF0. A recent example of this problem is the March 24, 1986 DOE letter to URF0 regarding NRC participation in Value Engineering (VE).

o In previous conversations and correspondence with your office, we have pointed out that because of conflict of interest considerations, NRC could not actively participate in the VE process. Although NRC encouraSes DOE in streamlining its process, it is inappropriate for NRC to participate in internal 00E design efforts. Therefore, we do not accept such a role for NRC being explicitly stipulated in the MOU, as was erroneously stated in the DOE Record of Meeting Notes for the March 25, 1986 meeting in Denver, Colorado.

Should you Faye any questions with this transmittal, please contact Giorgio Gnugnoli of my staff.

Sincerely,

/5 Malcolm R. Knapp, Acting Chief Low-Level Waste and Uranium Recovery Projects Branch Division of Waste Management, NMSS

Enclosure:

Revised MOU for UMTRAP cc: R. Dale Smith, URF0 J. Baublitz, DOE /HQ NE-24 J. Turi, DOE /HQ NE.24 0FC :WMIM:r S :WM :WMLU  :  :  :

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MEMORANDUM OF UNDERSTANDING BETWEEN '

THE U. S. DEPARTMENT OF ENERGY

AND 4

THE U. S. NUCLEAR REGULATORY ColGIISSION i

I. PARTIES y 3.a 4 i

• 4

) A. The parties to this Memorandum of Understanding (MOU) are the j U. S. Department of Energy (DOE) and the U. S. Nuclear Regulatory Commission (NRC).

I 4

B. The DOE will administer and execute its responsibilities under  !

this MOU through its Uranius Mill Tailings Remedial Actions (UMTRA) Project Office, Albuquerque Operations Office. The NRC t

{ will administer and execute its responsibilities under this MOU i

l through its Office of Nuclear Material Safety and Safeguards / l' (NMSS) or any other NRC element designated bF 19158.

i /

i II. PURPOSE AND AUTHORITY '

i Under authority of the Uranius Mill Tailings Radiation Control Act a

of 1978 (UMTRCA), Public Law 95-604 (42 U.S.C. 7901 gt. sgg.), as amended, the DOE and NRC have entered into this MOU in order to provide for an orderly process for executing their respective statutory responsibilities under Title I of the UMTRCA. It is i

contemplated that such process will sinteise or eliminate unnecessary duplication of effort, will facilitate and expedite reviews and concurrences, and will promote the secouplishment of  !

the objectives of Title I of the UMTRCA within the statutorily sandated schedule.

III. BACKCROUND ,

F Title I of the UMTRCA authorises the Department of Energy (DOE) to

< undertake remedial action e designated inactive uranium processing  ;

sites and associated vicinity properties containing uranius oill tailings and other residual radioactive esterials derived from the ,

inactive processing sites. The purpose of these remedial actions is to stabilise and control uranius oill tailings and other residual radioactive esterials in a safe and environmentally sound (

eenner.

j )

j The selection and perforesnee of remedial actions undertaken by DOE  !

i pursuant to the UMTRCA are to be with the full partteipation of the affected states and Indian tribes and with the concurrense of the NRC. Such remedial actions are to be performed in accordanse with standards established by the Environmental Protection Agency (EPA),

4 40 CFR 192, and consistent with applicable federal and state law.

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DOE OM04-83AL26037 jy . .

DOE-NRC M00

, UMTRA Project  !

This NOU delineates the concurrence procedures and areas of

cooperation between the DOE and the NRC in the implementation of

Title 1 of the UMTRCA. The UMTRA Project has 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. '

Within DOE, program responsibility for carrying out Title I of UMTRCA is within the Division of Remedial Action Projects, DOE j Headquarters. Field responsibility has been delegated to the ,

j Albuquerque Operations Office, where the UMTRA Project Office has been established. Consequently, D0tr will execute its responsibilities under Title I of the UMTRCA principally through 1

the UMTRA Project Office. The DOE Liaison with NRC for purposes of j implementing this MOU shall be the Manager, UMTRA Project Office.

4 i

Within NRC, the program responsibility for carrying out Title I of

UMTRCA is within NMSS, NRC Headquarters. NRC will esecute such

) responsibilities principally through the Low-Level Weste and

) Uranium Recovery Projects Branch (WMLU) in the Division of Weste Management or any other NRC element destansted by the tranch Chief.

• . /

WMLU. The NRC Liaison with DOE for purposes of this MOU shall be /

I hgnck * *

• i IV. DEFINITIONS @U d,.! d;, [

i A. Except as otherwise defined in this Article, the definition of '

terms used in this MOU shall be the same as in Title I of the

UMTRCA.

. B. The following teras shall have the following meanings:

1. " Processing site" means any of the twenty-four inactive uranium mill sitest (1) designated by DOE, pursuant to

, Section 102(a) of the UMTRCA, for remedial action under i

the UMTRCA; and (2) listed in the notice of such designation published in the Federal Register at 44PR74892 i (December 18, 1979).

i

2. " Vicinity property" means any real property and improvement thereon whicht (1) is in the vicinity of a j processing site or in the vicinity of the uranium mill i

eurrently owned by the Tennessee Valley Authority (TVA) in Edgemont, South Dakota; (2) is determined by the DOE, in consultation with affected states or Indian tribes and the

) NRC, to be cont.seinsted with residual radioactive 4

i materiata 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.

l b.._________._._____._.___.___._-_.._.L _ . _ _ . _ - . _ _ . . _ . . _ _

• DOE GM04-85AL26037

, , DOE-NRC MOU UMTRA Project

3. " Disposal sita" 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 promulgated by the EPA at 40 CFR 192, for the protection of the public health, safety and the environment from radiological and nonradiological hasards associated with residual radioactive materials. DOE and NRC interpret the EPA Standards to require specific analyses of and a decernination of the need for groundwater protection or restoration in accordance w'ich Subpart C, and to require the implementation of any such protection or restoration measures so decernined to be needed.

5. " Designation" means the DOE action to formally identify a processing site or potential vicinity property as eligible for remedial action by DOE under Title I of the UKTRCA, 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

i. . 1 EPA Standards; and formally including the property within 5

(\ i '1 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 state law.

8. Remedtal Action Flan" means the document, developed by DOE in order to obtain from the NRC (and the affected state or Indian tribe) concurrence with DOE's selection of remed'.a1 action and to document the bases for DOE's conclusion that the proposed remedial actions for a processing site or disposal site, or both, will meet the EPA Standards, and which includest site characterisation data; conceptual design; the estimated costs of design, construction and any necessary land acquisitions; the environmental, health and safety plan; the radiological support plan; the quality assurance plant the remedial action schedule; the public participation and information plan; a discussion of the requisite permits and approvals; and any additional analyses and documentation necessary to demonstrate that the proposed remedial action is fully consistent and coeplies with the EPA Standards.

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DOE GM04-85AL26037 DOE-NRC MOU l UMTRA Project

9. "Partiefpating agency" mears: (1) the NRC; and (2) any state or Indian tribe party to a cooperative agreement with DOE

. under Title I of the UMTRCA. -

10. " Cooperative agreement" means, a contractual instrument .

executed by an affected state or Indian tribe and the DOE, and concurred with by the NRC, 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 COORDINATION ,

e

, A. For the purposes of this MOU, NRC responsibilities under the 4

UMTRCA are indicated belows i

UMTRCA UMTRCA RESPONSIBILITY 'SECYT6N NRC ROLE

1. Desianation ,

I Designation of processing 102(a) Coneultation with sites and potential 102(e) DOE.

vicinity properties and determination of site '

boundaries.

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2. Remedial Actions 1,

l Selection and performance 108(a) Concur in DOE of remedial action at selection and i processing, disposal, and performance. -

vicinity property sites.

Determination that radio- 104(b)(1)- Concur in DOE  ;

active materials should be State decision.

removed from processing 105(b)-

sites. Tribe 1

Allowing mineral recovery 2

108(b) Concur in DOE i

from residual radioactive decision to allow sacerials. recovery.

Determination that remedial 104(f)(1) Concur in DOE action is completed. determination.

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s DOE GM04-85AL26037 DOE-NRC MOU

, UMTIA Project

3. Aequisition/ Disposal 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 DOI- -

designation.

administered lands as disposal sites.

4. Lont-Ters Maintenance of Disposal Sites Long-ters maintenance, 104(f)(2) Issue license.

monitoring and emergency 105(b) i 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 with mineral rights at licensed DOE, in DOI disposal sites. {7. [% [, ,* ]' decision to sell or jijgfj}j g lease eineral rights.

5. Public Participation Public participation in 111 Encourage, together program, including designa- with DOE and EPA.

tion, selection of remedial action, execution of cooperative agreements.

6. Administrative Eueeution of ecoperative 103(a)- Concur in each agreements. 105(a) cooperative agree-ment between DOE and a state or tribe.

Preparation of annual 114(a) Consultation with report to Congress. DOE.

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DOE G404-85AL26037

, , , , DOE-NRC MOD UMTRA Project Documentation of UMTRA Il4(e) NRC ar. tion with Project. DOE.

B. Appendix A Review and Concurrence Procedures, sets forth the detailed procedures for DOE and NRC coordination in the implementation of 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 quality UMTRA Project coordination documents in a timely manner for NRC review, including all pertinent information or data concerning any DOE proposed remedial action design, processing site, disposal site, or vicinity property. NRC agrees to use its best efforts to respond within the response time's for action set forth in Appendix A. The UMTRA Processing Site Schedule, as it may be revised from time to time, shall serve as the baseline planning schedule for coordination of responsibilities under this NOU. DOE shall prepara and maintain a current detailed annual schedule itemising the documentation to be submitted by DOE to NRC for the purpose of review, commeet and/or concurrence, and shall provide such schedules, and any revisions thereto, to NRC. DOE shall further provide a schedule identifying various ailestones in the remedial action for each processing / disposal site by which NRC can establish a visitation schedule to participate in the quality assurance audits as they pertain to compliance with the EPA Standards.

I C. DOE and NRC agree that the princips' focus of NRC enordination 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.

I VI. RESOLUTION OF IKTERAGENCY CONFLICTS rigj a;tj r'-

{J [ .'

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 therefor. 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 FRC to DOE at the earliest opportunity of issues which may preclude NRC concurrence and notif teetion by DOE to NRC at ths earliest opportunity of any significant changes to documents ,

under review by NRC. .

f 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.

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DOE GM04-85AL26037 DOE-NRC MOU UMTRA Project VII. EFFECTIVE DATE This NOU shall take effect upon the latter date of execution by DOE and I 1

NRC. '

I

{

VIII. TERM AND TERMINATION i The term of this MOU shall be from the effective date through whichever of the following two dates is the earlier date: (1) the date DOE and '

the NRC mutually aCree in writing that the objectives of the remedial '

action program have been met and that all activities under this MOU, or 6 any modification thereto, have been completed; or (2) March 7, 1990, or such other date as Congress shall eatsblish as the date of termination of the Secretary's authority to perform remedial setton or maintenance and surveillance under the UMTRCA.

IX. PROCUREMENT AND FUNDING Each party shall be responsible for funding its performance under this MOU. Each party shall procure services, equipment, or supplies under its own regulations and shall be solely responsible for managing and directing its contractors' efforts.

l X. PUBLIC INFORMATION C00RDINATION Consistent with the Freedom of Information Act (5 U.S.C. 552), timely

• 4 release of information to the public regarding the coordination of UMTRCA activities under this MOU shall be conducted according to each agency's own standard operating procedure, with appropriate coordination between DOE and NRC.

XI. APPENDIX i

The following appendix is attached to and made a part of this M00:

Appendix A - Review and Concurrence Procedures.

III. EXECUTION '

The parties have executed this MOU in several counterparts. '

DEPARTMENT OF ENERGY NUCLEARRECULATURYCOMMISSION sf*k. *J. ! ~ ~

By: By:

Cates Date:

DOE GM04-85AL26037 DOE-NRC MOU CMTRA Project APPENDIK A

. REVIEW AND CONCURRENCE PROCEDURES 1.0 REVIEW AND CONCURRENCE DOCUMENTS These Procedures set forth coordination responsibilities, including the preparation and transmittal of documents, the review of such documents, the preparation of comments, and in some cases an indication of concurrence or non-concurrence with such documents.

The Document Coordination Table, below, is intended to be a graphic identiftention 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 connent, 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 calendar days from receipt of the document.

J DOCUMENT COORDINATION TABLE PROCEDURES UMTRAP PURPOSE OF RESPONSE f OF SECTION DOCUMENT TRANSMITTAL COPIE!

J IME 3.1.1 Draft EA

~

6 ',, s Review / Comment 45 days [15]

Final EA Informatica N/A [15]

Preliminary Draft EIS Review /Cosmsent 45 days [15]

Draft EIS Review / Comment 45 days [15]

Preliminary Final EIS Review / Comment 30 days [15]

Final EIS Information N/A (15]

Notice of Intent Information N/A 2 VP Environmental Report Information N/A 2 3.1.2 Drafe RAF Review / Comment 45-60 days [15]

Final RAF Concurrence 45 days [15]

Modification RAF Concurrence 20-30 days 4 3.1.3 RZA (Normal Cases) Information N/A 2 REA (Supp. Stds., Concurrence 30 days 2 separate disposal site)

Modification to VPMIM Concurrence 30 days 4 1

3.2.1 Detailed Design Information N/A  ; 2 l

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DOE GM04-85AL26037

. DOE-NRC MOU UMTRA Project PROCEDURES UMTRAP PURPOSE OF SECTION

• DOCUMENT RESPONSE f 0F TRANSMITTAL TIME COPIES 3.2.2 Modifications to UMTRAP Information N/A 2 1

QA Plan Remedial Action Inspec- Concurrence 21 days 2 tion Plan NRC In-Process /On-Site Resolution of 2 Report Review Issues 3.2.3 Modifications to UMTRA Information N/A 2 Project EH&S Plan Site-Specific EH&S Plan Information 21 days 2 3.4 Certification Report-

-Processing Site, Concurrence 45 days 2 Disposal Site.

-Separate VPs Concurrence 30 days 2 Certification Report- Information N/A 2 Normal VPs 3.5 Remilling Contract Review / Comment Reasonable '2 Time 4.2 Prior Written Notice of Concurrence 20 days 1 Pre-RAP Processing Site Acquisition 1 ' -

or Acquisition of +, .

• yp .

4..J  ;

4.3 Prior Written Notice of Concurrence 20 days 1 State Sale / Retention of Processing Site /

YP 4.4 Indian Permits / Easements Information N/A 2

/ Rights of Way 4.5 Prior Written Notice Concurrence Reasonable 1 of State Transfer Time of Title to Disposal Site 5.1 F 7//W LRifstWP--f VV JN'" 41

-**a=~- ? - - 1 ' m 'a Review / Consent 30 days 4 5.2 [UMTRA Project Main- Review / Comment 60 days 4 cenance and Surveillance Plan]

Cuidance for UMTRA Project /

Surveillance and Main-tenance

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DOE GM04-85AL26037

• DOE-NRC MOU UMTRA Project PROCEDURES UMTRAP PURPOSE OF SECTION DOCUMENT RESPONSE I 0F TRANSMITTAL TIME COPIE:

6.1 Draft Cooperative Agree- Review / Comment 30 days 2 acnt or Modification Executa.d Cooperative Concurrence 21 days 4 Agreement or '

Modification ' '

6.2 Annual Report to Consultation /

Congress Timelf 2 Separate Response Comments 2.0 DESIGNATION -

2.1 Processing Sites - P'E, 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 remedf al J action at such site. The priorities are indicated in 44 FF~ "

74892 (December 18, 1979).

2.2 Vicinity Properties - DOE, with the concurrence of NRC, '

developed a Su; mary Protocol for the Survey and Inclusion of J.

Vicinity Properties (Summary Protocol) as guidance for designation and inclusion of vicinity properties. DOE will include designated properties within the scope of the UMTRA Prcject cleanup ef fort in accordante with the Summary Protocol. g3 3.0 REMEDIAL ACTIONS ,[. 2 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 ; i the concurrence of participating agencies. NRC concurrenc4 shall be effected as provided herein. '

.s 3.1.1 Environmental Documents .The DOE, in selecting remedial action, will comply rich the National .-

Environmental Policy Act (NEPA), and will prepate ari l provide to NRC, for review and comment, copies of l environmental documents for processing sites at various stages of development. NRC will estieY the environmental documents referenced in.the Docnaent ,

Coordination Table and will notify DOE of any issues i or concerns regarding the proposed remedial deti'an and/or the assessment of the various alternatives being considered by DOE and which affect or potentially sffect NEC concurrence with the pertinent Remedial Action Plan. NRC comments shall be provided either orally or in writing as such issues or q concerns are identified by NRC. Formal l A-3 n' .

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DOE GM04-83AL36037 DOE-NRC MOU (TMTRA Project written comments may be provided by NRC during the publie comment period. DOE and NRC shall attempt to reconcile

= . comments raised by NRC's review of environmental documents. .

DOE and NRC acknowledge that NEPA compliance for vicinity properties may be accomplished by the environmental documents prepared for the associated prccessing site, in wnich case the procedures for review will be those outlined above. Otherwise, DOE shall submit the pertinent environmental document to NRC for information.

In the event DOE condu~ cts 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 or other related public participation meeting.

3.1.2 Resedial Action Plans - DOE shall prepare a Remedial Action Plan (RAP) for each processing site, except that

p. DOE mag (shall] prepare one RAP fort (a) the Old Rifle and New Rifle processing sites; (and] (b) the Slick Rock North Continent and Slick Rock Union Carbide processing sites [.]; and (c) the Mexican Hat and Monument Valley 3f processing sites. DOE shall provide to NRC copies of the RAP in draft, final and modified form.

NRC shall review the RAP, in draft, final and modified form, and provide comments to DOE. DOE and NRC 1 hall attempt to reconcile any NRC comments in the course of DOE's preparation of a final RAP. In connection with any final RAP, NRC shall provide one of the following:

. .1 Indicate in writing its concurrence with the selection adkJ$ r;) g of the remedial action by concurrence with'the RAF.

While NRC may provide consents to DOE on any section of the RAP, NRC conev?rence is required only for those aspects which are pertinent to a determination is to whether the proposed remedial action complies with the EPA Standards and other applicable law, and is consistent with the purposes of Title I of the UMTRCA. Consequently, NRC concurrence is not required for sections of the RAF concernings quality assurance, environmental health and safety, cost ,

estimates; schedules; and public participation and '

information. NRC review of quality assurance and environmental health and safety procedures is addressed in Sections 3.2.2 and 3.2.3, respectively.

.2 Indicate in writing its conditional concurrence with the RAP. In such conditional concurrence NRC shall specifically identify any issues which prevent full concurrence. NRC shall separately advise DOE of the A-4

DOE GM04-85AL26037 DOE-NRC MOU UMTRA Project extent of anf construction activites, which DOE proposes to pursue in advance of full NRC concurrence, which DOE may pursue without prejudice to NRC's conditional concurrence. DOE

'/D?s

- and NRC shall attempt to reconcile such issues in w "..'

a timely manner; NRC may recommend technical approaches or methods to resolve such issues.

.3 Indicate in writing its non-concurrence, identifying which aspects of the remedial action are inadequate to meet the EPA Standards.

With respect to modifications'to a RAP, DOE may proceed with l remedial settone at its own risk pending NRC concurrence.  :

DOE and NRC shall attempt to reconcile any NRC comments as l necessary to obtain NRC concurrence with modifications to the RAP. Upon concurrence by NRC and any other affected participating agency or agencies, the RAF, or any modification thereof, shall beeone an appendix to the i cooperative agreement with such perticipating agency or agencies.

3.1.3 Radiological and Engineering Assessments - 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)[,l. "

/

ThW/FMIM [which] is an UMTRA management document

[ concurred with by NRC,j vhich details the procedures for the inclusion of vicinity properties and the selection and rformance of remedial actions at vicinity properties. 3 Th VJPMIM, and any amendment thereto, is concurred with by NRC. DOE shall provide copies of all (such) REAs to NRC for v 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 l set forth in Subpart 8 of the EPA Standards are met; that long-tern control of the residual radioactive materials i removed will be accomplished in conjunction with the disposal of residual radioactive materials at the associated processing site in accordance with Subpart A of the EPA Standards; and that such long-tera control will be the same as that presented in the RAF for the associated processing site, 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 esses 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 residual A-5

DOE Gh04-BSAL36037

. DOE-NRC MOU 1:MTRA Project radioactive materials at an UMTRA processing site, eseept that in the case of the Edgetont, South Dakota, vicinity properties, NRC has already concurred with DOE's use of the

• disposal sits for decommission and decontastnation of the mill site owned by the Tennessee Valley Authority (TVA) through its concurrence with DOE Interagency Agreement No.

DE-AIO4-84AL27241.

For cases of " separate" NRC concurtenea as discussed above, DOE shall submit to NRC for its review and copeurrence ,

copies of a Radiological and Engineertog Assessment (REA) '

for each vicinity property or group of vicinity ,

properties. The RZA shall include a radiological asse' assent of the vicinity property, design data for the proposed remedial action, and, whera apprepriate, DOE's rationale for application of supplemental standards. NRC shall review the REA and indicate concurrence with the recotemended remedial action or provide coronents to DOE. DOE and NRC shall attempt to reconcile any NRC comments prior to DOE initiation of remedial action at the subject vicinity property or properties. i DOE shall submit to NRC for its review and coneutrence isny proposed modification to the Vicinity Property Manageneat and Implements 1_on Manual (VPMIM).

3.2 Performance of Remetial Actions at. Processing / Disposal Sit _es_

3.2.1 Design - For ecch R6 medial Action Plan, DOE shall prepare a detailed design of remedial actions which 4% is in secordance with the Resadial Action Flin

.pt) developed by DGE ind concurred with by NFLC, DOE wtil y' provide NRC with copies of the DOE-approved detailed

• . design.

3.2.2 Quality Assurance - Copias of the Project QA Plan have been provided by DOE to NRC for information purposes. V0E shall provide to NRC copies of any snodifications to the Project QA Plan.

DOE shall implement a graded approach to QA during site remedial aitton. activitias as follows:

l

.1 DOE shall cause its prime remedial actions '

contractors to define quality assurar.ca  ;

procedures in a site-specific Remedtel Action  !

Inspectioa Plan, which will contain, as a I ainiaue, details regarding or provielen ffor: j organizational structure; testing .and inspecti44 ]

qualifications and certificate of inspection of i test pers9nnel; quality assurance records l control; ?ontrol of measuring and test equipment; )

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, lj Action Inspection Plen f ar trKC concurrance.shall provi M id (fd .$ DOE shall perform in.orecess surveillenca J activities in order tot ev41ua:4 quality and 4.M jfM ,

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of remedial action; and readiness of the site for  ;

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_ _ .3 DOE will provide to N1tC 4 sebedule of remedial l action milestone completion dates. NRC may {

conduct on-Aire reviews of remedici ection )

activities from time to time for this primary  :

3 purposes of assuring that the DOE prescribed MC --

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system of quality assuranse is in place and is j

Lsph Ikad b fMI"*"8k h functioning in a ma,aner which assur~es cos$liance with the RAF and the EPA Standards. Secondary i

n act oc.M-sc.c. w;h M4C reasons for such on-site visits include

• l surveillance of rip rap source areas ard unneusi i L,5f c.b en tiud b {c4ctmfat constructica features and review of the design

.ss-builti.W NRC and DCE shall atteispt to

% %2l ChaF t 2 010' iS**diately resolve any issues arisins out of "

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such inspection. NRC shall p,rovide two copies of Q[7 a 1

any report resulting from such laspection to the i Y ? ;S , DOE Liaisen upon NRC issuance of the repcet. DOE j '//'4 vill notify the NRC Li41 son of analyses and

1. resolution of issuts identtfied during NRC f

4 on-site reviews.

3.2.3 Environmentist Realth and Safety - DOE shall have overall Tesponsibility fcr'Its health and safety of occupational varkers and the general public during remedial actions at IMrRA Projaet sites. Copies of the UMTRA Projesc Environmental Health and Safety Plan have been provided by DOE to NRC. DOE shall I

provide to NRC copies of 4uy modification to the LH'ntA Project Erwironmental Re41th and Safety Plan. ,

DOE shall cause its remedial action contractor (s) to i prepare detailed and site-specific plaus/ procedures i for impletsenting the UMTRA Project Environmental ]

• ) Resich and Safety Plan. DOE shall prov$de to NRC  ;

. copies of such plans / procedures for information. l 3.3 Performance of Remedial Actions _st Vicinity Properties - DDE shall perf ora on-site remedial action in ecanection with {

i vicinity properties in accordance with the VFMIN. NRC l concurrence with completion of remedial actions se vicinity i properties shall be as provided for 13 Section 3.4 of these i procedures.

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7 . , .

DOE GM04-85AL26037 l DOE-NRC MOU UMTRA Project 3.4 Certification - DOE shall evidence completion of remedial actions by preparation of a certification report. DOE shall

. provide to NRC, for review and concurrence, copies of any such certification report prepared for a processing or ,

disposal site, or a vicinity property requiring " separate" ~

NRC concurrence as provided in Section (2]3,.l.3 of these Procedures. NRC shall review the report and transmit consents to DOE. DOE and NRC shall attempt to reconcile any NRC comments; DOE shall provide a revised version of the certification report, if necessary, to NRC for concurrence.

NRC concurrence with the certification report shall be considered by DOE and NRC as concurrence that remedial

, actions are completed. A certification report shall consist of a DOE determination of completion supported by:

a. A Final Completion Report containing but not limited I to: 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).

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e. DOE Certification Summary. Df.{[g DOE shall provide to NRC information copies of certification reports for vicinity properties that do not require

" separate" NEO concurrence as provided in Section [2]3,.1.3 of these Procedures.

3.5 Resillina - Pursuant to Section 108(b) of the UMTRCA, DOE, with the concurrence of the NRC, any permit the renilling of residual radioactive materials at a processing site in conjunction with remedial action. DOE shall include any proposed resilling alternative in the Resedial Action Plan for that site. NRC concurrence with such Remedial Action Plan shall be considered concurrence with DOE's decision to permit resilling, 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 resill the a

residual radiomettve sacerials, which sets forth the terms and conditions of resilling.

4.0 ACQUISITION AND DISPOSAL OF LANDS 4.1 Right 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 I of the 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, A-8 l

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DOE GM04-85AL36037 DOE-NRC MOU

,  ? UMTRA Project 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 l property shall be coordinated in advance by NRC with the DOE l Liaison.

4.2 Aequisition 4.2.1 State Acquisition - NRC has a responsibility to make l a concurrence decision under UMTRCA regarding DOE decisions to require State acquisition of processing sites, disposal sites, and vicinity properties. NRC concurrence with DOE acquisition decisions normally will be effectuated by its concurrence with the RAF.

In those cases where acquisition will be initiated prior to DOE submittal to NRC of a RAF for concurrence, and in those cases where DOE decides that acquisition of a vicinity property is appropriate, then DOE shall provide to NRC written B; <g g~. ' notice of its decision regarding acquisition and the rationale therefor and request NRC concurrence with such decision.

4.2.2 DOE Acquisition - From time to time DOE say, 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 Withdrawal of public lands pursuant to the Federal Land Policy and Management Act (FLFMA).

,' q .2 Utilization of the U. S. Army Corps of Engineers (Corps) to acquire real estate by purchase, i 5C* f'. ' ' # g g donation, or condemnation on behalf of DOE.

'k& cad fLf bd In the event of such direct federal acquisition, DOE m wtfid 4 bsJ h4I shall provide to NRC information regarding the i

acquisition in the appropriate 11eepsing submittal.

2 S pac 4 cr< Csn'.7,MLf:n , jwm p?.cr.;s,; [ 4.3 Sale of Sites - The parties acknowledge that in the case of I 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, prior to such sale or retention, provide to NRC written nottee of the proposed sale or retention and request NRC concurrence with same.

A-9

DOE CM04-85AL26037

. DOE +NRC MOU CMTRA Project 4.4 Indian Lands - D0t shall provide to NRC information copies of any permit, easement, right-of-entry or other real estate

. agreement authorizing DOE to cottdact remedial setions o'c '

saintenante, asnitoring or emergency sensures at disposti sites on Ind'an landt.

4.5 Transfer of Title - The parties acknowledge that title to

~

any disposal site acqcired by a sta:4 undet a cooperativa agreement with DOE, and all residual radiosative materials deposited at such disposal site, aust be transferred to the Goverraent upon complation of resedial action. DOE shall, '

prior to such transfer of title, provide to NRC vritten notice of the proposed transfer of title requesting FEC concurrence with same within a reasonable p.eriod of time. ,

NRC shall renpond to DOE withis a ressonable period of time, d

5.0 LONG-TERM MAI'.YTENANCE OF DISPOSAL SITES 5.1 General - With the exception of the disposa~1 site for residuni radioactive sacerials removed from Edgenoot, South Dakota, vietetty propertiet, which is au h'RC-licensed TVA owned site, DOE :ahall .assues castody of each dic;cesi site which has been transferred to or oths: wise acquired by the Government and perforg monitoring. maintenanca. and emergency nessures necessary to protect public health, safety, and the enviroresent and such other setions requited by a license to be issued by NRC, until our h tiise, if ever, as the President designatas another federsi agency to perf orm such toonitoring, maintenance, ae.d emergency CN(py measures. '

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5.2 License - Pursuant to Sections 104(f M2) and 105(b) of the UMTRCA, NRC shall N 11censa - f the long-ters monitoring, saint.e .ance, and surveillance of '

site after NRC concurrence with DOE *s certification report. &

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In order to facilitate the licensing process, shall h h,( prepare +a._ -.__

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-e , which shall e.onsist of: a description of the licensing process for L'!<TRA sites; milestor;es in the j licensing procese; and NRC and DOE respoesibilitiet, ra w s:is Based upon the "-- M ~ Licensing Plan. DOE shall prapara and submit to NRC four ecpies ofo _- _

,, for l long-ters maintenance of deh disposal site. Af ter NdC.4 f lM 4fd4 d :: :;._..; cf lic::::-:::fiti:::, NRC shall issenme license E ' ""** ***** * *8'"*7 d**t 2 "***d 67 ***

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LHTRA Project 5.3 [Maintenanee] Surveillance and (Surveillance] Maintenance lf

• Cuidelines for the [maintsnancal surveillance and

-. [ surveillance] maintenence portion of the licensee.5ufMC docume,ddn

{Aiy .

- y <- t sna n b--'- - 1 2 in a [UMTRA Project Maintenance and Surveillance Plani document titled Guidance Q for L%TRA Project Surveillance and Maintenance which i describes the acnitoring, maintenance, and emergency measures to be performed by DOE, or such other federal

- agency as designated by the President. in order to maintain desfon coMirfa-- se -artified.J The license Applicat n i n en d DOE shall submit to NRC, for review and comment, copies of the [LHTRA Project Maintenance and Surveillance Plan]

Cuidance for UMTRA Project Surveillance and Maintenance.

NRC shall provide comments to DOE. DOE and NRC shall attempt to reconcile any NRC comments.

5.4 Sale or Lease of Minerals - Pursuant to Section 104(h) of the LMTRCA, the Secretary of the Interior any dispose of subsurface nineral rights, by sale or lease, in connection with any disposal site to which the Government takes title

! under Title I of the LHTRCA. 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 g ,,

y n m, 6.1 Cocperative Agreements e s [ -f 4

6.1.1 Concurrence - DOE shall provide to l'RC, for review i

and comment, copies of a cooperative agreement, in

draft form at the same time such draft or revised draft is provided to other 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 serely increase the estimated costs of funds

, obligated in the cooperative agreement without revision to the RAP shall not require NRC concurrence.

6.1.2 Administration - The parties contemplate that DOE and ,

NRC will interface with other participating agencies j 4

in the performance of this MOU. However, the l 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 A - 11

J

, DOE GM04-85AL26037 DOE-NRC MOU UMTRA Project performance thereunder. The Manager, UMTRA Project

• - Office, shall be designated by DOE as the 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 the cooperative agreements. Each party shall attempt to keep the other informed regarding any interface with participating agencies which effects activities within the scope of this MOU.

6.2 Annual Report to Congress Until January 1, 1986, except as such date is extended by Congress, DOE shall prepare an annual report to Congress on the status of the UMTRA Project as required by Section 114(e) of the UMTRCA. The report shall be prepared in consultation with NRC and shall contain any separate viewe, consents, or recommendations of the NRC. NRC shall provide a timely response to DOE's request for input to suah report.

6.3 Documentation of UMTRAF Pursuant to Section 114(e) of the UMTRCA, NRC, in cooperation with DOE, shall ensure that any relevant information, other than trade secrets and other proprietary information otherwise exempted from mandatory disclosure under any other provision of law, obtained from the conduct of remedial actions is doeunented systematically, and made publicly available conveniently for use.

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