ML23241A014
| ML23241A014 | |
| Person / Time | |
|---|---|
| Issue date: | 10/12/2023 |
| From: | Edwards J, Raymond Furstenau NRC/RES/DSA/RSAB, US Environmental Protection Agency, Office of Air & Radiation |
| To: | |
| Harvey E | |
| References | |
| Download: ML23241A014 (6) | |
Text
1 of 6 MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR COOPERATION REGARDING RADIATION PROTECTION COMPUTER CODES AND DOSE COEFFICIENT DEVELOPMENT I.
INTRODUCTION A.
Purpose This Memorandum of Understanding (MOU) describes the parameters within which cooperative research and/or computer code development programs between the United States Nuclear Regulatory Commission (NRC) and the United States Environmental Protection Agency (EPA) will be considered and conducted. This MOU is a voluntary agreement that expresses the good-faith intentions of the Parties, is not intended to be legally binding, does not create any contractual obligations, and is not enforceable by either party.
Individual cooperative research programs for the purpose of this MOU include, but are not limited to, processes related to the implementation of the Radiation Protection Computer Code Analysis and Maintenance Program (RAMP) and the development of dose coefficients. The purpose of RAMP is to develop, maintain, improve, distribute, and provide training on NRC-sponsored radiation protection and dose assessment computer codes. RAMP includes user groups of domestic and international code users that share costs, analyses, and experiences to facilitate maintenance and use of high-quality radiation protection codes. NRC allows distribution of its RAMP codes to domestic organizations (utilities, vendors, academic institutions, commercial enterprises) and international organizations located in countries that participate in the RAMP programs. RAMP is an initiative that is intended to provide the nuclear energy and radiation protection community with increased access to the distribution, development, and use of radiation protection computer codes while ensuring sustainability of code development for research and development purposes. This MOU is specific to the portion of RAMP in which NRC and EPA work together for cooperative research and NRC provides programmatic support to EPA to manage computer codes such as CAP88-PC and COMPLY; and certain databases, such as Dose Coefficient Data File Package (DCFPAK) and other tools of mutual use. In addition, this MOU applies to developing dose coefficients that support NRC and/or EPA regulatory programs.
Both NRC and EPA acknowledge that the development of a shared platform of data consistent between both agencies will be beneficial to each agency. Shared data can (1) reinforce scientific integrity in the public view by establishing agreed upon data, (2) reduce maintenance costs for both agencies by coordinating data updates that serve as the basis for similar regulatory fate and transport codes, (3) help identify areas of redundancy within models separately developed and maintained leading to further efficiencies for either or both agencies, and (4) streamline and simplify the development of future data updates for the mutual benefit to both agencies.
2 of 6 B.
Background
NRCs mission is to license and regulate the Nations civilian use of radioactive materials to provide reasonable assurance of adequate protection of public health and safety, to promote the common defense and security, and to protect the environment. NRCs Office of Nuclear Regulatory Research (RES) conducts independent research in all areas regulated by NRC including ongoing and potential safety and security issues, risk-informed and performance-based regulation, and operating experience analysis for the civilian uses of radioactive material. The Radiation Protection Branch (RPB) within RES is responsible for managing research programs supporting risk-informed regulatory decision-making in radiation protection at NRC licensed facilities. The Branch serves as an agency-wide resource by providing technical support in all aspects of radiation protection to program offices as well as to NRCs domestic and international regulatory and scientific counterparts. Furthermore, RPB (1) develops and maintains computer codes for assessment of radiation doses to workers and members of the public under RAMP; (2) analyzes and reports worker exposure to Congress and other stakeholders; and (3) executes research in radiation dosimetry and health studies.
EPAs mission is to protect human health and the environment. Within EPA, the Office of Radiation and Indoor Airs (ORIA) mission is to protect the public and the environment from the risks of radiation and indoor air pollution. To carry out its mission, ORIA coordinates across EPA and with other federal, state, tribal, and non-governmental organizations. ORIA develops criteria, standards, regulations, guidance, policies, and programs to limit unnecessary radiation exposure and to control exposure to ambient and indoor air pollutants. In addition, ORIA provides technical assistance to states and tribes through EPAs Regional offices and to other national and international organizations that have radiation and indoor air protection programs; directs an environmental radiation monitoring and radioanalytical program; responds to radiological emergencies; and evaluates and assesses the overall risk and impact of radiation and indoor air pollution.
Although the research efforts of NRC and EPA may be conducted for different purposes, much of the underlying data and the results obtained have common value to both NRC and EPA.
Accordingly, to conserve resources and to avoid unnecessary duplication of effort, NRC and EPA agree to cooperate in selected research and/or computer code development efforts and to share information and/or costs related to such research whenever such cooperation and cost sharing is appropriate and mutually beneficial.
II.
Authority for the Memorandum of Understanding
- 1.
The authority for NRC to enter into this MOU is Section 205(c) of the Energy Reorganization Act of 1974 (Public Law 93-438, as amended; 42 U.S.C. 5845(c)).
- 2.
The authorities for EPA to enter into this MOU are: The Atomic Energy Act of 1954, as amended (AEA), specifically 42 U.S.C. § 2021(h); The Public Health Service Act of 1944, as amended (PHSA), specifically 42 U.S.C. §§ 241 and 242o(b); and The Clean Air Act (CAA), specifically 42 U.S.C. §§ 7602(g).
III.
Roles and Responsibilities
- 1.
NRC is the lead agency for implementing RAMP and is responsible for working with
3 of 6 prospective domestic and international members to assist them in understanding and navigating RAMP. NRC is responsible for sharing information with EPA regarding domestic and international RAMP Agreements.
- 2.
EPA is the lead agency for management of the CAP88-PC, COMPLY, and COMPLY-R models and associated codes; and is a contributor to the development of dose coefficients and related databases and tools (e.g., DCFPAK codes). The Agency contributes in whole, or in part, to the development and maintenance of these codes.
EPA is responsible for sharing information to assist NRC with the incorporation of these codes into RAMP.
IV.
Process
- 1.
NRC will identify one or more employee(s) as the point of contact responsible for communicating with EPA RAMP point(s) of contact. Any changes to the NRC point of contact will be communicated to EPA within 30 days or as soon as practical.
- 2.
EPA will identify one or more employee(s) as the point of contact responsible for communicating with the NRC RAMP point(s) of contact. EPA will communicate any changes in its point of contact to NRC within 30 days or as soon as practical.
- 3.
NRC and EPA point(s) of contact will meet in-person or virtually on a regular and/or as needed basis, at times and places that have been mutually agreed upon by the point(s) of contact at both agencies.
- 4.
EPA will provide all files necessary to include CAP88-PC (Version 4.1 or later) or link to EPAs downloadable website, in the RAMP; and NRC will create one or more webpages on the RAMP site to distribute or link to installation packages and documentation (e.g.,
user guide). NRC and EPA contact(s), with management approval as required, will mutually determine any other computer codes which will be part of the RAMP in the future. The computer codes may include, but not be limited to, the COMPLY and COMPLY-R codes.
- 5.
EPA will continue to make any codes necessary for demonstrating compliance with the National Emission Standards for Hazardous Air Pollutants (NESHAPs) available via its website. For those codes that are part of the RAMP, EPA will include on its website a link to the RAMP website, where users can find additional resources and information about training opportunities. These additional resources may also be made available via the RAMP website by mutual agreement of both parties.
- 6.
If any NESHAPs compliance models (i.e., CAP88-PC, COMPLY, COMPLY-R) are included in NRCs consolidated computer code, the Software Integration for Environmental Radiological Release Assessments (SIERRA), SIERRA will not be allowed to be used for demonstrating compliance with EPA regulations, unless EPA indicates so in writing. The models may be used for non-regulatory purposes.
- 7.
NRC will provide the overall infrastructure for RAMP. This includes, but is not limited to, activities and costs associated with the hosting and distribution of potential RAMP computer codes to meet RAMP Objectives. Meeting the RAMP infrastructure needs may
4 of 6 require agreements with EPA and its contractors that support EPA computer codes.
These agreements are intended to identify tasks that provide development discussions and suggested updates on the computer codes, for EPA review and approval. The tasks will also include participation by EPA code subject matter experts in two or more RAMP User Meetings/Workshops per year and answering code development questions from the RAMP@nrc.gov listserv and forums. NRC will also maintain a RAMP website that will be linked to the computer code websites. The spirit and intent of the infrastructure will be to ensure alignment and transparency in code distribution practices. After three (3) years NRC and EPA will re-evaluate this structure to determine if it still meets both agencies needs.
8.
EPA will be responsible for facilitating support to RAMP to include, but not be limited to, ensuring NRC interactions with EPA and its contractors are appropriately aligned to support RAMPs requirements while maintaining EPA mission requirements. EPA will coordinate with NRC on outreach activities that may benefit either agency (e.g.,
informing the user community on upcoming RAMP meetings and training opportunities).
9.
NRC will not charge EPA for the computer codes. However, the computer codes will be a part of the suite of RAMP codes incorporated into RAMPs fee structure. EPA codes covered by this MOU will continue to be free to domestic users, at the discretion of EPA, to ensure EPA programs and priorities continue to be met without interruption. See https://ramp.nrc-gateway.gov/membership/apply for the current fee structure.
10.
Pursuant to 31 U.S.C § 9701, Federal Agencies have the general authority to enact regulations establishing the charge for a service or item of value provided by the agency beyond those benefits provided to the general public. Under NRCs RAMP, NRC collects fees directly and through a contractor. Title 42 U.S.C. § 5852(c) provides specific statutory authority for the NRC to retain and use funds received, for the cooperative nuclear research program, provided the funds are used for salaries and expenses associated with that program. NRC will not charge any fees for EPA codes that are otherwise available for free.
11.
Pursuant to 42 U.S.C § 5852(c), NRC is also permitted to retain and use funds for services rendered to State governments, foreign governments, and international organizations. Selective RAMP agreements will fall under these categories. State and local government agencies, universities, and some other nonprofits will be provided free access to RAMP.
12.
If NRC makes significant changes to RAMP, NRC and EPA will jointly determine whether more in-depth meetings and presentations are needed to ensure that EPA understands the modifications.
13.
Either party may terminate this voluntary agreement based on the process outlined in Section V of this MOU.
14.
This agreement does not preclude EPA from supporting its own programmatic requirements that relate to code development, maintenance, and training.
15.
Requests for code updates or changes received through RAMP will be reviewed and
5 of 6 forwarded to EPA for consideration.
- 16.
NRC and EPA will coordinate the development of biokinetic and dosimetric methodologies for dose coefficients which support EPA and/or NRC regulatory programs.
- 17.
EPA, in coordination with other Federal agencies, will provide technical analyses and documentation to support Federal Guidance Technical Reports establishing guidance on the assessment of dose and of risk, prospectively or retrospectively.
- 18.
Funding: The details and level of support to be furnished by NRC and EPA are subject to the availability of funding within existing statutory authorities. This MOU encourages NRC and EPA to plan and provide one another with mutual support during budget formulation with respect to programs on which the agencies collaborate.
V.
Commencement, Modification, and Termination
- 1.
This MOU is effective upon the signature of both parties.
- 2.
NRC and EPA managers responsible for implementing this MOU will review the execution of the MOU beginning six (6) months after the effective date and as needed.
Any significant changes to the implementation, including the periodicity of the review, will be mutually agreed upon and documented in an addendum to this MOU.
- 3.
After this MOU has been in effect for three (3) years, NRC and EPA will revisit this MOU to determine if it still meets the needs of both agencies.
- 4.
Any additions, deletions, or other changes to this MOU shall be by written modification agreed upon by the appropriate official for each party. Either party may initiate such modifications.
- 5.
This MOU is neither a fiscal nor a funds obligation document. All activities pursuant to this MOU are subject to the availability of appropriated funds and each partys budget priorities. Nothing in this MOU authorizes, or is intended to obligate, either agency to expend, exchange, or reimburse funds, services, or supplies, or transfer or receive anything of value, or enter into any contract, assistance agreement, interagency agreement, or other financial obligation.
- 6.
The duration of the MOU shall be indefinite. Either party, however, may terminate its participation in this agreement upon 30 days prior written notice to the other party. After such notice, the parties shall meet at a mutually agreed-upon location and date to allow an orderly termination of any ongoing or planned activities under this MOU.
- 7.
Nothing in this agreement shall be interpreted as limiting, superseding, or otherwise affecting either agencys normal operations or decisions in carrying out its statutory or regulatory duties. This agreement does not limit or restrict the parties from participating in similar activities or arrangements with other entities.
- 8.
This agreement will be executed in full compliance with all applicable statutes and
6 of 6 regulations, including the Privacy Act of 1974, the Freedom of Information Act, and the Federal Records Act.
9.
This MOU does not create any right or benefit, substantive or procedural, enforceable by law or equity, by persons who are not party to this agreement, against NRC or EPA, their officers or employees, or any other person. This MOU does not apply to any person outside of NRC and EPA.
10.
This MOU may be executed in one or more counterparts, each of which shall be deemed to be an original.
VI.
Severability If any provision of this MOU, or the application of any provision to any person or circumstances, is or becomes invalid, the remainder of this MOU and the application of such provisions to other persons or circumstances shall not be affected.
VII.
Agreement FOR THE U.S. NUCLEAR REGULATORY COMMISSION Raymond Furstenau, Director Office of Regulatory Research United States Nuclear Regulatory Commission Date FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY Jonathan Edwards, Director Office of Radiation and Indoor Air Office of Air and Radiation United States Environmental Protection Agency Date 9/06/2023 10/11/2023 Raymond V. Furstenau Digitally signed by Raymond V.
Furstenau Date: 2023.09.06 08:02:05 -04'00' JONATHAN EDWARDS Digitally signed by JONATHAN EDWARDS Date: 2023.10.11 13:21:47 -04'00'