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 NRCRichard ChangNMSS/DUWP/MDB Overview*Purpose*Background
- RIS (2016-06) and MOU
- Implementation of MOU with DoD
- RIS and MOU benefits
- Potential Agreement State involvement
- DoD service providers
- Three NRC regulatory processes
- Conclusions Purpose*Give background on NRC's jurisdiction over radium*Discuss NRC's involvement with military remediation
- Explain NRC's role under the MOU
- Discuss the potential role for Agreement States (AS)
Background on NRC's Jurisdiction over Radium
- Energy Policy Act of 2005 (EPAct) expanded the Atomic Energy Act's (AEA) definition of byproduct material to include discrete sources of radium
-226*NRC regulations implemented provisions of the EPActin 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 NRC's 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 nothave jurisdiction over radium-226 used by the military in military operations (e.g., combat or training)
Background on NRC's 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 NRC's 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 NRC's 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 MOU*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 MOU*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 MOUwith 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 fromthe 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
- NRC's goal is to work with the Army towards successful MOU implementation without being disruptive to existing plans.