UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C. 20460
                                 AUG  20  2002
                                                                   OSWERNo.9200.1-34b
 MEMORANDUM
 SUBJECT:   Distribution of OSWER Common Radionuclides Found at Superfimd Sites Booklet
              for the General Public
 FROM:
Michael B. Cook, Director
Office of Emergency and Remedial Response (OERR)
Office of Solid Waste and Emergency Response
              Stephen D. Page, Director
              Office of Radiation and Indoor Air (ORIA)
              Office of Air and Radiation
TO:
Addressees
PURPOSE

       The purpose of this memorandum is to transmit to you a final booklet entitled:
"Common Radionuclides Found at Superfimd Sites." The booklet provides information to
help the general public understand more about the various common radionuclides that are found at
Superfimd sites across the nation.  It answers such questions as: How can a person be exposed to the
radionuclide?,  How can it affect human health?, How does it enter and leave the body?, What levels of
exposure result in harmful effects?, and What recommendations has the federal government made to
protect human health from radionuclides? This booklet will be of interest to site decision makers
and community relations coordinators at radioactively contaminated sites being addressed by the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).1  ,
        This booklet provides information on common radionuclides found at CERCLA sites and is consistent
with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). It docs not alter the NCP
expectations regarding treatment of principal threat waste and the use of containment and institutional controls for
low level threat waste. Consistent with CERCLA and the NCP, response actions must attain or waive applicable or
relevant and appropriate requirements (ARARs). CERCLA response actions for contaminated ground water at
radiation sites must attain (or waive as appropriate) the Maximum Contaminant Levels (MCLs) or non-zero Maximum
Contaminant Level Goals (MCLGs) established under the Safe Drinking Water'Act, where the MCLs or MCLGs are
relevant and appropriate for the site.

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           Duplicate first page - Inserted to allow word searching
               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C. 20460
                                                                   OSWERNo. 9200.1-34b
MEMORANDUM
SUBJECT:   Distribution of OSWER Common Radionuclides Found at Superfund Sites Booklet
              for 1he General Public

FROM:      Michael B. Cook, Director
              Office of Emergency and Remedial Response (OERR)
              Office of Solid Waste and Emergency Response

              Stephen D. Page, Director
              Office of Radiation and Indoor Air (ORIA)
              Office of Air and Radiation
TO:
Addressees
PURPOSE

       The purpose of this memorandum is to transmit to you a final booklet entitled:
"Common Radionuclides Found at Superfund Sites." The booklet provides information to
help the general public understand more about the various common radionuclides that are found at
Superfund sites across Ihe nation.  It answers such questions as: How can a person be exposed to the
radionuclide?,  How can it affect human health?, How does it enter and leave Ihe body?, What levels of
exposure result in harmful effects?, and What recommendations has the federal government made to
protect human health from radionuclides? This booklet will be of interest to site decision makers
and community relations coordinators at radioactively contaminated sites being addressed by the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).1
        This booklet provides information on common radionuclides found at CERCLA sites and is consistent
with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). It does not alter the NCP
expectations regarding treatment of principal threat waste and the use of containment and institutional controls for
low level threat waste. Consistent with CERCLA and the NCP, response actions must attain or waive applicable or
relevant and appropriate requirements (ARARs). CERCLA response actions for contaminated ground water at
radiation sites must attain (or waive as appropriate) the Maximum Contaminant Levels (MCLs) or non-zero Maximum
Contaminant Level Goals (MCLGs) established under the Safe Drinking Water Act, where the MCLs or MCLGs are
relevant and appropriate for the site.

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BACKGROUND

       The U.S. Environmental Protection Agency (EPA) issued guidance entitled ''Rstahlishrrient of
Cleanup Levels for CERCLA Sites with Radioactive Contamination" (OSWER No. 9200.4-18,
August 22,1997).  This 1997 guidance provided clarification for establishing protective cleanup levels
for radioactive contamination at CERCLA sites.  The guidance reiterated 1hat cleanups of radionuclides
are governed by the risk range for all carcinogens established in the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP) when Applicable or Relevant and Appropriate
Requirements (ARARs) are not available or are not sufficiently protective. Cleanup should generally
achieve a level of risk within Ihe 10"4 to 10"6 carcinogenic risk range based on the reasonable maximum
exposure for an individual. In calculating cleanup levels, one should include exposures from all potential
pathways, and through all media (e.g., soil, ground water, surface water, sediment, air, structures, etc.)
The guidance also provides a listing of radiation standards that are likely to be used as ARARs to
establish cleanup levels or to conduct remedial actions.

       This Common Radionuclides booklet is part of a continuing effort between the Office of
Emergency and Remedial Response (OERR) and the Office of Radiation and Indoor Air (ORIA) to
provide updated guidance for addressing radioactively contaminated sites consistent with our guidance
for addressing chemically contaminated sites, except to account for the technical differences between
radionuclides and chemicals.  This effort is intended to facilitate compliance with the NCP at
radioactively contaminated sites while incorporating the improvements to the Superfund program that
have been implemented through Administrative Reforms.

       Today's Common Radionuclides booklet is similar to a booklet issued by EPA entitled
"Common Chemicals Found at Superfund Sites"  (OSWER No. 9203.1-17, August 1994). This 1994
booklet contains information regarding common chemicals found at Superfund sites across the nation.

IMPLEMENTATION

       For questions regarding radiation site policy and booklet for CERCLA cleanup actions,
readers are referred to the RCRA/Superfund Call  Center at 1-800-424-9346 or the Superfund
Radiation web page at http://www.epagov/superfund/resources/radiaiion/index.btm. The subject
matter specialists for this booklet are Ben Hull of ORIA and Stuart Walker of OERR

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Addressees:
       National Superfund Policy Managers
       Superfund Branch Chiefs (Regions I-X)
       Super-fund Branch Chiefs, Office of Regional Counsel (Regions I-X)
       Radiation Program Managers (Regions I, IV, V, VI, Vn, X)
       Radiation Branch Chief (Region n)
       Residential Domain Section Chief (Region ffl)
       Radiation and Indoor Air Program Branch Chief (Region Vni)
       Radiation and Indoor Office Director (Region IX)
       Federal Facilities Leadership Council
       OERR Center Directors and Senior Process Managers
       OERRNARPM co-chairs
cc:     JimWoolford,FFRRO
       Elizabeth Cotsworth, OSW
       Craig Hooks, FFEO
       Barry Breen, OSRE
       Joanna Gibson, HOSC/OERR
       Earl Salo, OGC
       Jeff Josephson, Region n
       Marianne Horinko, OSWER
       Mike Shapiro, OSWER
       Tom Dunne, OSWER
       Jeff Denitt, OSWER

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                    MEMORANDUM OF UNDERSTANDING BETWEEN
                   THE ENVIRONMENTAL PROTECTION AGENCY AND
                       THE NUCLEAR REGULATORY COMMISSION

    CONSULTATION AND FINALITY ON DECOMMISSIONING AND DECONTAMINATION OF
                                CONTAMINATED SITES

I. Introduction

The Environmental Protection Agency (EPA) and the Nuclear Regulatory Commission (NRC), in
recognition of their mutual commitment to protect the public health and safety and the
environment, are entering into this Memorandum of Understanding (MOD) in order to establish a
basic framework for the relationship of the agencies in the radiological decommissioning and
decontamination of NRC-licensed sites.  Each Agency is entering into this MOU in order to
facilitate decision-making.  It does not establish any new requirements or rights on parties not
subject to this agreement.

II. Purpose

The purpose of this MOU is to identify the interactions of the two agencies for the
decommissioning and decontamination of NRC-licensed sites and to indicate the way in which
those interactions will take place.  Except for Section VI, addressing corrective action under the
Resource Conservation and Recovery Act (RCRA), this MOU is limited to the coordination
between EPA, when acting under its Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) authority, and NRC, when a facility licensed by the NRC is
undergoing decommissioning, or when a facility has completed decommissioning, and the NRC
has terminated its license.  It continues a basic policy of EPA deferral to NRC decision-making in
the decommissioning of NRC-licensed sites except in certain circumstances, and establishes
the procedures to govern the relationship between the agencies in connection with the
decommissioning of sites at which those circumstances arise.

III. Background

An August 3,1999, report (106-286) from the  House Committee on Appropriations to
accompany the bill covering EPA's FY1999 Appropriations/FY 2000 budget request states:

       Once again the Committee notes that the Nuclear Regulatory Commission
       (NRC) has  and will continue to remediate sites under its jurisdiction to a level that
       fully protects  public health and safety, and believes that any reversal of the
       long-standing policy of the Agency to defer to the  NRC for cleanup of NRC's
       licensed sites is not a good use of public or private funds. The interaction of the
       EPA with the  NRC, NRC licensees, and others, with regard to sites being
       remediated under NRC regulatory requirements-when not specifically  requested
       by the NRC—has created stakeholder  concerns regarding the authority and finality
       of NRC licensing decisions, the duration and costs of site cleanup, and the
       potential future liability of parties associated with affected sites. However, the
       Committee  recognizes that there may be circumstances at specific NRC
       licensed sites where the Agency's expertise may be of critical use to the NRC. In

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       the interest of ensuring that sites do not face dual regulation, the Committee
       strongly encourages both agencies to enter into an MOD which clarifies the
       circumstances for EPA's involvement at NRC sites when requested by the NRC.
       The EPA and NRC are directed to report to the Committee on Appropriations no
       later than May 1, 2000, on the status of the development of such an MOD.

Since September 8,1983, EPA has generally deferred listing on the CERCLA National Priorities
List (NPL) those sites that are subject to NRC's licensing  authority, in recognition that NRC's
actions are  believed to be consistent with the CERCLA requirement to protect human health and
the environment.  However, as EPA indicated in the Federal Register notice announcing the
policy of CERCLA deferral to NRC, if EPA "determines that sites which it has not listed as a
matter of policy are not being properly responded to, the  Agency will consider listing those sites
on the NPL" (see 48 FR 40658).

EPA reaffirms its previous 1983 deferral policy. EPA expects that any need for EPA CERCLA
involvement in the decommissioning of NRC licensed sites should continue to occur very
infrequently because EPA expects that the vast majority of facilities decommissioned under
NRC authority will be decommissioned in a manner that is fully protective of human health and
the environment.  By this MOD, EPA agrees to a deferral policy regarding NRC decision-making
without the  need for consultation except in certain  limited circumstances as specified in
paragraphs V.C.2 and V.C.3.

One set of circumstances in which continued consultation should occur, pursuant to the
procedures defined herein,  relates to sites at which the NRC determines during the license
termination process that there is radioactive ground-water contamination above certain limits.
Pursuant to its License Termination rule, NRC applies a dose criterion that encompasses all
pathways, including ground water. In its cleanup of sites pursuant to CERCLA, by contrast, EPA
customarily establishes a separate ground-water cleanup standard in which it applies certain
Maximum Contaminant Levels (MCLs, found at 40 CFR 141) promulgated for radionuclides and
other substances pursuant to the Safe Drinking Water Act.  NRC has agreed in this MOD to
consult with EPA on the appropriate approach in responding to the circumstances at particular
sites with ground-water contamination at the time of license termination in excess of EPA's
MCLs or those sites for which NRC contemplates either restricted release or the use of alternate
criteria for license termination, or radioactive contamination at the time of license termination
exceeds the corresponding levels in Table 1 as provided in Section V.C.2.

IV. Principles

In carrying out their respective responsibilities, the EPA and the NRC will strive to:

1.     Establish a stable and predictable regulatory environment with respect to EPA's
       CERCLA authority in and NRC's decommissioning of contaminated sites.
2.     Ensure, to the extent practicable, that the responsibilities of the  NRC under the AEA and
       the  responsibilities of EPA under CERCLA are implemented in a coordinated and
       consistent manner.
                                          -2-

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V. Implementation

A. Scope

This MOU is intended to address issues related to the EPA involvement under CERCLA in the
cleanup of radiologically contaminated sites under the jurisdiction of the NRC.  EPA will continue
its CERCLA policy of September 8,1983, which explains how EPA implements deferral
decisions regarding listing on the NPL of any sites that are subject to NRC's licensing authority.
The NRC's review of sites under NRC jurisdiction indicates that few of these sites have
radioactive ground-water contamination in excess of the EPA's MCLs.  At those sites at which
NRC determines during the license termination process that there is radioactive ground-water
contamination above the relevant EPA MCLs, NRC will consult with EPA and, if necessary,
discuss with EPA the use of flexibility under EPA's phased approach to addressing ground-water
contamination. NRC has agreed in this MOU to consult with EPA on the appropriate approach in
responding to the circumstances at particular sites where ground-water contamination will
exceed EPA's MCLs, NRC contemplates either restricted release or the use of alternate criteria
for license termination, or radioactive contamination at the time of license termination exceeds
the corresponding levels in Table 1 as provided in Section V.C.2.

B. General

Each agency will keep the other agency generally informed of its relevant plans and schedules,
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 any problems
arising from implementation of this MOU.

C. NRC Responsibilities

1.    NRC will continue to ensure remediation of sites under its jurisdiction to a level that fully
     protects public health and safety.

2.    For NRC-licensed sites at which NRC determines during the license termination process
     that there is radioactive ground-water contamination in excess of EPA's MCLs, or for which
     NRC contemplates either restricted release (10 CFR 20.1403) or the use of alternate
     criteria for license termination (10 CFR 20.1404), NRC will seek EPA's expertise to assist
     in NRC's review of a decommissioning or license termination plan. In addition, NRC will
     consult with EPA if either the planned level of residual radioactive soil concentrations in the
     proposed action or the actual residual level of radioactive soil concentrations found in the
     final site survey exceed the radioactive soil concentration in Table 1. With respect to all
     such sites, the NRC will consult with EPA on the application of the NRC decommissioning
     requirements and will take such action as the NRC determines to be appropriate based on
     its consultation with EPA. For example, if NRC determines during the license termination
     process that there will be radioactive ground-water contamination in excess of EPA's
     MCLs at the time of license termination, then NRC will discuss with EPA the use of
     flexibility under EPA's phased approach for addressing ground-water contamination.  If
     NRC does not adopt recommendations provided by the EPA, NRC will inform EPA of the
     basis for its decision not  to do so.
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3.    NRC will defer to EPA regarding matters involving hazardous materials not under NRC's
     jurisdiction.

D. EPA Responsibilities

1.    If the NRC requests EPA's consultation on a decommissioning plan or license termination
     plan, EPA will provide, within 90 days of NRC's notice to EPA, written notification of its
     views on the matter.

2.    Consistent with this MOD, EPA agrees to a policy of deferral to NRC decision making on
     decommissioning without the need for consultation on sites other than those presenting
     the circumstances described in Sections V.C.2 and V.C.3.  The agencies will consult with
     each other pursuant to the provisions of this MOD with respect to those sites presenting
     the circumstances described in Sections V.C.2 and V.C.3.  EPA does not expect to
     undertake CERCLA actions related to radioactive contamination at a site that has been
     decommissioned in compliance with the NRC's standards, including a site addressed
     under Section V.C.2, despite the agencies decision to engage in consultation on such
     sites. EPA's deferral policy, and its expectation of not taking CERCLA action, continues  to
     apply to sites that are covered under Section V.C.2.

3.    For NRC-licensed sites presenting the circumstances described in Section V.C.2 and for
     which NRC has not adopted the EPA recommendation, EPA will consult with NRC on any
     CERCLA actions EPA expects to take if EPA does not agree with the NRC's decision.

4.    EPA will resolve any CERCLA concerns involving hazardous substances outside of NRC's
     jurisdiction at NRC licensed sites, including concerns involving hazardous constituents that
     are not under the authority of NRC. As provided in Section V.D.2, EPA under CERCLA will
     defer or consult with NRC as appropriate regarding matters involving AEA materials under
     NRC's jurisdiction.

E. Other Provisions

1.    Nothing in this MOD 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 failure to act.

2.    Each agency will appoint a designated contact for implementation of this MOD. The
     designated individuals will meet at least annually or at the request of either agency to
     review NRC-licensed sites that meet the criteria for consultation pursuant to Section V.C.2.
     The NRC designated contact is the Director, Office of Nuclear Materials Safety and
     Safeguards, and the EPA designated contact is the Director Office of Emergency and
     Remedial Response, or as each designee delegates.

3.    This MOD will remain in effect until terminated by the written notice of either party
     submitted six months in advance of termination.

4.    Within six months of the execution of this MOD, each party will revise its guidance to its
     Headquarters and Regional Offices to reflect the terms of this MOD.


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5.   If differences arise that cannot be resolved by senior EPA and NRC management within 90
  -.   days, then either senior EPA or NRC management may raise the issue to their respective
     agency head.       ,

Section VI. Corrective Action under RCRA

Some NRC sites undergoing decommissioning may be subject to cleanup under RCRA
corrective action authority. This authority, administered either by EPA or authorized states,
requires cleanup of releases of hazardous waste or constituents at hazardous waste treatment,
storage or disposal facilities. NRC sites subject to RCRA corrective action will be expected to
meet RCRA cleanup standards for chemical contamination within EPA's jurisdiction. EPA  .
Office of Solid Waste's policy is to encourage regional and State program implementers to
coordinate RCRA cleanups with decommissioning, as appropriate, at those NRC sites subject
to EPA's corrective action authority.1

EPA will continue to support coordination of cleanups under the RCRA corrective action
program with decommissioning at NRC sites consistent with its March 5,1997 policy. In
addition, under RCRA the majority of States are  authorized to implement the corrective action
requirements. States are not signatories to this MOD; however, EPA will encourage States to
act in accordance with this policy where they have responsibility for RCRA corrective action at
NRC sites undergoing decommissioning.
Items 1 and 3 of the "Other Provisions" of Section V.E^apply to this section.
                               SEP 30 2DQ2
Christine T. Whitman            Date
Administrator
US Environmental Protection Agency
RicRard A. Meserve             Date
Chairman
US Nuclear Regulatory Commission
       1See letter from Elizabeth Cotsworth, Acting Director, Office of Solid Waste to James R.
Roewer, USWAG, dated March 5,1997.                                           .

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5.   If differences arise that cannot be resolved by senior EPA and NRC management within 90
     days, then either senior EPA or NRC management may raise the issue to their respective
     agency head.

Section VI. Corrective Action under RCRA

Some NRC sites undergoing decommissioning may be subject to cleanup under RCRA
corrective action authority.  This authority, administered either by EPA or authorized states,
requires cleanup of releases of hazardous waste or constituents at hazardous waste treatment,
storage or disposal facilities. NRC sites subject to RCRA corrective action will be expected to
meet RCRA cleanup standards for chemical contamination within EPA's jurisdiction. EPA
Office of Solid Waste's policy is to encourage regional and State program implementers to
coordinate RCRA cleanups with decommissioning, as appropriate, at those NRC sites subject
to EPA's corrective action authority.1

EPA will continue to support coordination of cleanups under the RCRA corrective action
program with decommissioning at NRC sites consistent with its March 5,1997 policy. In
addition, under RCRA the majority of States are authorized to implement the corrective action
requirements. States are not signatories to this MOD; however, EPA will encourage States to
act in  accordance with this policy where they have responsibility for RCRA corrective action at
NRC sites undergoing decommissioning.

Items  1 and 3 of the "Other Provisions" of Section V.E. apply to this section.
Christine T. Whitman            Date         Richard A. Meserve             Date
Administrator                                Chairman
US Environmental Protection Agency           US Nuclear Regulatory Commission
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MOD Table 1 : Consultation Triggers for Residential
and Commercial/Industrial Soil Contamination
Except for radium-226, thorium-232, or total uranium, concentrations should be
aggregated using a sum of the fraction approach to determine site specific consultation
trigger concentrations. This table is based on single contaminant concentrations for
residential and commercial/industrial land use when using generally accepted exposure
parameters. Table users should select the appropriate column based on the site's
reasonably anticipated land use.
Radionuclide
H-3
C-14
Na-22
S-35
Cl-36
Ca-45
Sc-46
Mn-54
Fe-55
Co-57
Co-60
Ni-59
Ni-63
Sr-90+D
Nb-94
Tc-99
1-129
Cs-134
Cs-137+D
Eu-152
Eu-154
Residential
Soil Concentration
228 pCi/g
46 pCi/g
9 pCi/g
1 9,600 pCi/g
6pCi/g
1 3,500 pCi/g
105 pCi/g
69 pCi/g
269,000 pCi/g
873 pCi/g
4pCi/g
20,800 pCi/g
9,480 pCi/g
23 pCi/g
2pCi/g
25 pCi/g
60 pCi/g
16 pCi/g
6pCi/g
4pCi/g
5pCi/g
Industrial/Commercial
Soil Concentration
423 pCi/g
1 23,000 pCi/g
14 pCi/g
32,200,000 pCi/g
10,700 pCi/g
3,740,000 pCi/g
169pCi/g
112pCi/g
2,21 0,000 pCi/g
1,420 pCi/g
6pCi/g
1, 230,000 pCi/g
555,000 pCi/g
1,070 pCi/g
3pCi/g
89,400 pCi/g
l,080pCi/g
26 pCi/g
11 pCi/g
7pCi/g
8pCi/g
-6-

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MOU Table 1 : Consultation Triggers for Residential
and Commercial/Industrial Soil Contamination
Except for radium-226, thorium-232, or total uranium, concentrations should be
aggregated using a sum of the fraction approach to determine site specific consultation
trigger concentrations. This table is based on single contaminant concentrations for
residential and commercial/industrial land use when using generally accepted exposure
parameters. Table users should select the appropriate column based on the site's
reasonably anticipated land use.
Radionuclide
Ir-192
Pb-210+D
Ra-226
Ac-227+D
Th-228+D
Th-232
U-234
U-235+D
U-238+D
total uranium
Pu-238
Pu-239
Pu-241
Am-241
Cm-242
Cm-243
Residential
Soil Concentration
336 pCi/g
15 pCi/g
5pCi/g
10 pCi/g
15 pCi/g
5pCi/g
401 pCi/g
20 pCi/g
74 pCi/g
47mg/kg
297 pCi/g
259 pCi/g
40,600 pCi/g
187pCi/g
32,200 pCi/g
35 pCi/g
Industrial/Commercial
Soil Concentration
544 pCi/g
123 pCi/g
5pCi/g
21 pCi/g
25 pCi/g
5pCi/g
3,310pCi/g
39 pCi/g
179 pCi/g
1230 mg/kg
1,640 pCi/g
1,430 pCi/g
1 72,000 pCi/g
568 pCi/g
344,000 pCi/g
67 pCi/g
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