Press Release-92-042, NRC, EPA Sign Memorandum of Understanding
| ML003702487 | |
| Person / Time | |
|---|---|
| Issue date: | 03/16/1992 |
| From: | Office of Public Affairs |
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| Category:Press Release | |
| References | |
| Press Release-92-042 | |
| Download: ML003702487 (6) | |
Text
No.
92-42 FOR IMMEDIATE RELEASE Tel.
301/504-2240 (Monday, March 16, 1992)
NRC, EPA SIGN MEMORANDUM OF UNDERSTANDING Nuclear Regulatory Commission Chairman Ivan Selin and Environmental Protection Agency Administrator William K. Reilly today signed a Memorandum of Understanding to foster cooperation between the two agencies in protecting public health and safety and the environment on matters related to radiation.
"This is a major step forward for NRC and EPA," Chairman Selin said.
"Both agencies are charged with important responsibilities to protect the public and the environment.
Working together, I am confident that we will do an effective and efficient job of carrying out our respective mandates."
The Nuclear Regulatory Commission is responsible for the overall regulation of civilian uses of nuclear materials in the U.S.
EPA is responsible for developing generally applicable environmental radiation standards for certain facilities or materials licensed by the NRC.
The Memorandum of Understanding establishes a basic framework for the two agencies to resolve issues of concern that relate to regulation of radiation in the environment.
It sets forth the principles and procedures for, among other things, avoiding unnecessary duplication of regulatory requirements and focusing priorities on the most significant safety and environmental problems.
A copy of the Memorandum of Understanding is attached.
Attachment
GUIDING PRINCIPLES FOR EPA/NRC COOPERATION AND DECISIONMAKING Introduction The Environmental Protection Agency (EPA) and the Nuclear Regulatory Commission (NRC), in recognition of a mutual commitment to the effective and efficient protection of public health and safety and the environment, have developed this Memorandum of Understanding in order to establish a basic framework within which EPA and NRC will endeavor to resolve issues of concern to both agencies that relate to the regulation of radionuclides in the environment.
Goal The goal of this Memorandum of Understanding is to foster cooperation in fulfilling the responsibilities of each agency to ensure protection of the public health and safety and the environment in accordance with existing agency responsibilities and authorities.
Principles EPA and NRC, in carrying out the respective responsibilities of the two agencies in the regulation of radionuclides, will strive to:
1.
Base regulatory decisions on a determination that such actions will result in a substantial reduction of significant risk to the public health and safety and the environment, and in making such decisions consider, to the extent permitted by law, the importance of the risk reductions to be achieved when compared to other radiological risks already subject to existing regulations, the overall economic impact on NRC licensees of additional regulatory requirements to achieve such reductions, and pursue the most efficient, cost-effective course in the regulation of those licensees.
2.
Focus agency priorities on those significant safety and environmental problems subject to the authority of both agencies that offer the greatest potential for substantial risk reduction; 3.
Avoid unnecessary duplicative or piecemeal regulatory requirements for NRC licensees, consistent with the legal responsibilities of the two agencies, and ensure that standards and regulations, when issued, can be effectively implemented; and 4.
Effectively and responsibly carry out the provisions of Reorganization Plan No. 3 of 1970.
Under the Plan, EPA issues generally applicable environmental limits on radiation exposure or levels, or concentrations or quantities of radioactive materials, in the general environment outside the boundaries of locations under the control of persons possessing or using radioactive materials, and NRC implements these standards by the use of its licensing and regulatory authority.
Implementation Guidance A.
Scope For certain facilities or materials licensed or regulated by the NRC, EPA is required by statute to develop environmental standards for radionuclides which are applicable directly to NRC-regulated facilities or materials.
For example, EPA is required to develop generally applicable environmental standards for offsite releases from radioactive material in high-level waste repositories under the Nuclear Waste Policy Act.
For other program activities, such standards are authorized but, depending sometimes on the circumstances, are not legally required.
With the exception of Section C, below, this Memorandum of Understanding is intended to address issues associated with both types of standards.
Section C applies according to its terms where EPA standards are not legally mandated.
This MOU does not apply to matters arising under RCRA or CERCLA.
B.
General 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 implemen-tation and consistency with other program activities.
Each agency will deal with the other in a spirit of cooperation to achieve the goals of this Memorandum of Understanding.
Agency management will endeavor, to the maximum possible extent, to resolve informally and in a timely manner those differences identified as a result of the procedures contained in this Memorandum of Understanding.
If differences cannot be resolved, the respective General Counsels of each agency will arrange for the matter to be presented by the necessary parties to the heads of both agencies for resolution.
Each agency will keep the other fully informed of its priorities for the development of regulations and will endeavor to develop a common understanding of the priorities and schedules for resolution, with the highest priorities accorded to initiatives which offer the greatest potential for significant risk reduction.
If both agencies agree, in accordance with these principles and guidance, that duplicative regulation in a particular area is undesirable, but nevertheless is required by law, then the agencies will cooperate in considering and, if appropriate, supporting legislative changes.
C.
Governing Criteria and Procedures This Section applies to the issuance of regulations for releases applicable to NRC regulated facilities or activities for releases into the environment of source, byproduct or special nuclear materials under the Clean Air Act.
It also applies to the issuance of such regulations under the Atomic Energy Act and other provisions of law which may give rise to duplication of effort and overlapping regulation of NRC regulated facilities or activities, but only to the extent issuance of such standards is authorized but not legally mandated.
Subject to the above, EPA and NRC agree as follows:
1.
Criteria
ÿ EPA's decisions not to impose emission standards for hazardous air pollutants under the Clean Air Act for NRC licensed materials or facilities will, in accordance with 112(d)(9) of the Clean Air Act, be based upon a determination that NRC's regulatory program provides an ample margin of safety to protect the public health.
Similarly, EPA's decisions to impose or not impose other regulations regarding NRC licensed materials or facilities will be based upon a determination as to whether NRC's regulatory program achieves a sufficient level of protection of the public health and environment.
This determination may be influenced by particular risk reduction or risk prevention goals being pursued and this Memorandum of Understanding does not reflect agreement on such goals at this time.
Ideally, agreement on risk reduction or prevention goals for radionuclides will be reached pursuant to paragraph D. below but in a particular case where EPA and NRC cannot agree on such goals, this Memorandum of Understanding is without prejudice to EPA deciding to proceed with regulation, without NRC concurrence, based upon an EPA inability to find that NRC's program provides a sufficient level of protection.
ÿ EPA and NRC will jointly seek to minimize un-necessary duplication of effort and over-lapping regulation of NRC-licensed materials and facilities.
2.
Procedures:
In developing regulations in accordance with its authorities, if EPA, after finding that NRC's regulatory program fails to provide a sufficient level of protection of the public health and safety or the environment, identifies an area where it believes that EPA regulation applicable to NRC licensees regarding radionuclides may be necessary, EPA will, before developing and proposing rules in the Federal Register, informally and promptly inform the NRC of the basis for its position.
If NRC believes that such direct regulation of its licensees by EPA is unnecessary, the two agencies will endeavor to resolve any issues, including consideration of information from NRC regarding the level of protection achieved by NRC regulatory programs and any necessary modifications to NRC's regulatory program, so that duplicative regulation and implementation are avoided.
Decisions rendered pursuant to this paragraph will fully consider the implementation of existing regulatory programs in assessing the level of protection being achieved by regulated facilities.
Final EPA conclusions on whether EPA will impose regulations applicable to NRC-licensed materials or facilities, and final NRC conclusions on whether NRC will develop modifications to its program, will be accomplished in a public process based upon a full and public record.
Any decision made pursuant to this memorandum is subject to review and modification based upon actual experience with its implementation.
Similarly, if NRC undertakes the development of new regu-lations that would affect the level of protection of public health and safety and the environment related to an area where EPA has authority to issue regulations applicable to NRC licensees, or if NRC undertakes any rulemaking or other regulatory activity to fulfill its agreements made pursuant to this Memorandum of Understanding, NRC will promptly and informally notify and consult with EPA before developing and proposing rules in the Federal Register, and before any final decision by the Commission on the proposal.
Where either agency is developing new regulations for radionuclides in an area not covered by an existing regulatory program, the agencies will, before proposing new regulations, consult concerning what the proper division of responsibility should be.
D.
Risk Assessment In carrying out this Memorandum of Understanding, the agencies will actively explore ways to harmonize risk goals and will cooperate in developing a mutually agreeable approach to risk assessment methodologies for radionuclides.
E.
Other Provisions 1.
Nothing in this Memorandum of Understanding limits the authority of either agency to exercise independently its authorities with regard to matters that are the subject of this Memorandum of Understanding.
2.
Nothing in this Memorandum of Understanding 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 a failure to act.
3.
This Memorandum of Understanding will remain in effect until terminated by the written notice of either party submitted six months in advance of termination.
/s/ Ivan Selin
/s/
William K. Reilly Ivan Selin, Chairman William K. Reilly, U. S. Nuclear Regulatory U. S. Environmental Protection Commission Agency 3/16/92