ML20203L178
| ML20203L178 | |
| Person / Time | |
|---|---|
| Issue date: | 08/06/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Browner C ENVIRONMENTAL PROTECTION AGENCY |
| References | |
| NUDOCS 9803050386 | |
| Download: ML20203L178 (5) | |
Text
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- A UNITED STATES y-t NUCLEAR REGULATORY COMMISSION
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WASHINGTON o.C. 20666-0001
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August 6, 1997 CHAIRMAN l
The Honorable Carol M. Browner Administrator U.S. Environmental Protection Agency Washington, D.C. 20460
Dear Administrator Browner:
On behalf of the Commission, I would like to extend my appreciation to Mr. Fred Hansen, Deputy Administrator, for meeting with me on May 20,1997, to discuss NRC's draft final rule on " Radiological Criteria for License Termination." I believe that our meeting was very useful in outlining our respective concems and establishing our positions on the issues.
In addition to its primary concem of protecting public health and safety, the Commission would like to ensure the finality of NRC's license termination decisions. Such finality will provide licensees and the public with a stable and predictable regulatory framework. The Commission understands that EPA would like to be consulted when a licensee's proposed decommissioning plan would leave a site at greater than 15 mrem / year or would exceed EPA's groundwater maximum contaminant levels.
The Commission believes that it would be beneficial to continue a dialogue with EPA and develop a binding agreement whereby the NRC will provide notice to EPA only in cases where the all pathways residual radiation dose is proposed to exceed 15 mrem / year, and EPA will provide finality by relying on NRC's decision in regard to license termination, As an enclosure, I am providing a draft Memorandum of Understanding (MOU) that is intended to
- provide for consultation with EPA and to achieve finality on these issues. In order for both agencies to at'empt to reach a more formal agreement on our proposal, could you please designate a point-of-contact on your staff? The Commission stands ready to execute the enclosed MOU at the earliest mutually acceptable time.
I look forward to hearing from you shortly.
I Sincerely, g.
,n Q)g Shirley Ann Jackson
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Enclosure:
@[h # eh Draft Memorandum of Understanding U!E!HJHlH!I p
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i MEMORANDUM OF UNDERSTANDING BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE NUCLEAR REGULATORY COMMISSION i
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CONSULTATION AND FINALITY ON DECOMMISSIONING AND DECONTAMINATION OF CONTAMINATED SITES i
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MEMORANDUM OF UNDERSTANDING BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE NUCLEAR REGULATORY COMMISSION CONSULTATION AND FINALITY ON DECOMMISSIONING AND DECONTAMINATION OF CONTAMINATED SITES l.
Introduction The Environmental Prote in Agency (EPA) and the Nuclear Regulatory Commission (NRC) in recognition of their mutual commitment to protect the public health arid safety and the environment, are entering this Memorandum of Understanding (MOU) in order to es'actish a basic framt; work for consulting and reaching finality with regard to their respect!ve responsibilities for the decommissioning and decontamination of contaminated sites
- 11. Purpose The purpose of this MOU is to identify the responsibilities of each agency for tne decommissioning and decontamination of contaminated sites and to specify the way :n wnich those responsibilities will be exercised The NRC has the statutory responsibility for tne protection of public health and safety related to the possession and use of source. Dyproduct and special nuclear matenal under the Atomic Energy Act (AEA). and must ensure safe and timely decommissioning of the nuclear facilities that it licenses The EPA has responsibilities under the Safe Cnnking Water Act (SDWA) and the Comprehensive Environmental Response. Compensation, and Liability Act (CERCLA) in regard to cleanup activities at contaminated sites The NRC and the EPA seek to ensure the protection of the public health and safety and the environment and to 'acilitate clear, timely and stable regulatory decisions on the decommissioning of these sites This will provide clear information to the puclic and NRC licensees on what is expected for final compliance with the regulatory requirements. anc will also optimize the use of agency, licensee, and public resources Ill. Principles in carrying out their respective responsibilities. EPA and NRC will stnve to.
t Establish a stable and predictable regulatory environment for the decommissioning of contaminated sites, 2.
Ensure, to the extent pracucable, that the responsibilities of the NRC under the AEA and the responsibilities of the EPA under the CERCLA and the SDWA are implemented in a coordinated and consistent manner.
-IV.
Implementation A
Scope This MOU is intended to address issues related to the EPA statutory responsibilities in regard to cleanup of contaminated sites under the jurisdiction of the NRC.
'2 8.
General =
i Each agency will keep the other generally informed of its relevant plans and schedules regarding such activities, will respond to the other agency's requests for information to the extent reasonable and practicable, and will strive to recognize and ameliorate to the extent practicable anticipated problems with regard to implementation and consistency with other
- program activities.
C.
Responsibilities For a proposed decommissioning plan or license termination plan submitted by an NRC i
t licensee where the potential radiation dose is within the NRC decommissioning requ remen s but the termination of the license pursuant to 10 CFR 20.1402 for unrestricted use,10 CFR
. 20.1403 for restricted use assuming that the restrictions are effective, or 10 CFR 20.1404 using alternative criteria may result in a release that exceeds a 15 mrem / year all pathways dose objective -
NRC 1.
The NRC will provide notification to EPA before the NRC approves the decommissioning plan or the license termination plan.
2.
At the request of EPA, the NRC will consult with EPA on the application of the NRC decommissioning requirements to the licensee's proposal and will take such action as the NRC determines to be appropriate based on its consultation with EPA-F.E.6 1.
The EPA will provide, within six months of NRC's notice to EPA, notification of its views to the NRC, 2.
The EPA will rely on NRC's c%an up and decommissioning standards and regulations and NRC's license termination pursuant to the provisions of those regulations and this MOU to provide adequate protection of public health and safety and the environment. Accordingly, the EPA will exempt all NRC-regulated sites whose licenses have been terminated in accordance with the NRC's regulations and this MOU from the application of the SDWA and CERCLA and will refrain from taking further action under these Acts with regard to such sites unless the NRC requests additional action.
D.
Other Provisions 1.
Nothing in this MOU shall be deemed to establish any right nor provide a basis for any action, either legal or equitable, by any person, or class of persons challenging'a government action or failure to act.
2.
This Memorandum of Understanding will remain in effect until terminated by the written notice of either party submitted.six months in advance of termination.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE NUCLEAR REGULATORY COMMISSION CONSULTATION AND FINALITY ON DECOMMISSIONING AND DECONTAMINATION OF CONTAMINATED SITES
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Carol M. Browner Date Shirley Ann Jackson Date Administrator Chairman U.S. Environmental Protection Agency U.S. Nuclear Regulatory Commission O
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