| On October 9 the Nuclear Regulatory
Commission signed an agreement with the Environmental Protection Agency on the
radiological decommissioning and decontamination of NRC-licensed sites.
The Memorandum
of Understanding (MOU)  signed by NRC and EPA provides that EPA will defer
exercise of authority under the Comprehensive Environmental Response, Compensation
and Liability Act (Superfund) for the majority of facilities decommissioned
under NRC authority. The MOU includes provisions for NRC and EPA consultation
for certain sites when, at the time of license termination, (1) groundwater
contamination exceeds EPA-permitted levels; (2) NRC contemplates restricted
release of the site; and/or (3) residual radioactive soil concentrations exceed
levels defined in the MOU.
The MOU responds to a 1999 report from the House Committee on Appropriations
that stated: “In the interest of ensuring that sites do not face dual
regulation, the Committee strongly encourages both agencies to enter into
an MOU which clarifies the circumstances for EPA’s involvement at NRC
sites when requested by the NRC.” The MOU also is responsive to a Government
Accounting Office report issued in 2000.
The MOU does not fully meet the intent of the Appropriations Committee because
the threat of dual regulation remains for certain licensees. Thus, although
the MOU reduces dual jurisdiction, the NRC will continue efforts to seek legislation
that would eliminate the possibility of dual regulation of all NRC decommissioning
licensees.
The MOU does not impose any new requirements on NRC licensees and will reduce
the involvement of EPA with NRC licensees who are decommissioning. Most sites
are expected to meet the NRC criteria for unrestricted use, and NRC believes
that only a few sites will have groundwater or soil contamination in excess
of the levels specified in the MOU which trigger consultation with EPA. If
there are other hazardous materials on the site, EPA may be involved in cleanup.
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