ML18075A079
| ML18075A079 | |
| Person / Time | |
|---|---|
| Issue date: | 03/16/2018 |
| From: | Richard Chang Division of Decommissioning, Uranium Recovery and Waste Programs |
| To: | |
| RChang DUWP | |
| Shared Package | |
| ML18075A077 | List: |
| References | |
| Download: ML18075A079 (20) | |
Text
MOU Between DoD and NRC Richard Chang NMSS/DUWP/MDB
Overview
- Purpose
- Background
- Implementation of MOU with DoD
- Potential Agreement State involvement
- DoD service providers
- Three NRC regulatory processes
- Conclusions
Purpose
- Give background on NRCs jurisdiction over radium
- Discuss NRCs involvement with military remediation
- Explain NRCs role under the MOU
- Discuss the potential role for Agreement States (AS)
Background on NRCs Jurisdiction over Radium
- Energy Policy Act of 2005 (EPAct) expanded the Atomic Energy Acts (AEA) definition of byproduct material to include discrete sources of radium-226
- NRC regulations implemented provisions of the EPAct in 2007 and defined the term discrete source
- A discrete source is a radionuclide that has been processed so that its concentration within a material has been purposely increased for use for commercial, medical, or research activities and any contamination from that source.
Background on NRCs Jurisdiction over Radium
- NRC has jurisdiction over discrete sources of radium-226 used by the military in medical or research activities or in a manner similar to a commercial activity.
- NRC does not have jurisdiction over radium-226 used by the military in military operations (e.g., combat or training)
Background on NRCs Jurisdiction over Radium In 2007 the Commission directed the NRC staff to interact with DoD regarding military uses of radium Uncertainty over precise meaning and scope of NRCs jurisdiction of military radium MOU developed as a way for NRC and DoD to work together; avoid dual regulation; and avoid jurisdiction disagreements NRC developed a RIS (2016-06) and MOU
RIS (2016-06)
- Published May 9, 2016
- Clarifies NRCs jurisdiction for military radium
- radium or items and equipment containing radium not used in or intended for use in military operations
- Confirmed contamination
- Regulatory approaches
- MOU for confirmed contamination (radium and other unlicensed AEA material)
- Licensing for items and equipment
- NRC responses to public comments on the draft RIS
- Signed April 28, 2016
- Purpose
- Minimize dual regulation while ensuring protection
- Documents roles, responsibilities, and relationship between NRC and DoD
- Scope
- Sites with DoD response actions under CERCLA/DERP to address confirmed releases of unlicensed radioactive material subject to AEA
- Buildings being remediated, but not licensed
- Active installations, BRAC properties, and FUDS
- Content of MOU
- Communication/contacts
- Annual site inventory
- Coordination and planning
- Access to information and sites
- NRC involvement (stay informed or monitor)
- NRC dose criteria
- NRC technical assistance
- Records
- Service provider licenses
- Funding
- Dispute resolution
Implementation of MOU with DoD
- DoD annual site inventory completed
- Two types of NRC involvement
- Stay informed - EPA has regulatory oversight (NPL sites)
- Monitoring - EPA does not have regulatory oversight (non-NPL site)
Benefits Resulting from the RIS and MOU
- Clarifies jurisdictional boundaries
- Avoids dual regulation
- Clarifies the regulatory approach for remediation
- Provides independent federal oversight to ensure protection of public health and safety
Potential Agreement State Involvement
- Keep each other informed
- Service provider license coordination
- Jurisdictional questions
- Coordination of activities at sites with dual jurisdiction
DoD Service Providers
- DoD service providers involved with remediation must have an NRC or AS license (e.g., reciprocity)
- NRC guidance on determining jurisdiction (FSME 039, Clarification on the Determination of Regulatory Jurisdiction of Nonfederal Entities Conducting Cleanup Activities on Federal Property in Agreement States.)
- Under the MOU
- DoD verifies that its service providers use NRC guidance to determine appropriate license
- DoD will provide appropriate land jurisdiction to service providers
- NRC plans to coordinate its service provider inspections with its future MOU activities
Three NRC Regulatory Processes
- Three different processes and requirements
- Licensed sites: Follow NRC decommissioning requirements and MML license requirements
- NRC/DoD MOU sites: involvement at unlicensed sites; CERCLA/DERP requirements and MOU provisions
- Licensed service providers: DoD contractors conducting remediation at both licensed and MOU sites; NRC and/or Agreement State license requirements
Conclusions
- MOU implementation has started
- AS and NRC will need to coordinate service-provider activities
- NRCs goal is to work with the Army towards successful MOU implementation without being disruptive to existing plans.