SECOND MEMORAKKM OF U.VDERSTAN0IKG
REGARDING IMPLE«E,VTATI0tf Or CERTAI
NUCLEAR REGULATORY COMMISSION
AMD
ENI/JRO'.WcWTAJ. PROTECTION AGEHCl^
RESPONSIBILITIES U.WER THE
FEDERAL t'ATER POLLtfTION COWTROL ACT
(FWPCA)
AW .THE
A-AT70.VAL EWL'IROWMEWTAi POilCX ACT OF ^
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1745?
Second Memorandum of Understanding
• Regarding Implementation of Certain
NRC and EPA Responsibilities
Prior to the enactment of Public Law 92-500, the Federal
Water Pollution Control Act Amendments of 1972 (FWPCA), the
Atomic Energy Commission (AEC) had regulatory authority pursuant
to the National Environmental Policy Act of 1969 (NEPA), in
consideration of the environmental impact of the discharge of
pollutants and other factors, to impose limitations on the dis-
charge of pollutants from nuclear power plants and other facil-
ities or activities requiring an AEC license or permit, as a
condition of such license or permit.
The FWPCA now requires the Environmental Protection Agency
(EPA) to establish (for use in permits for the discharge of
pollutants to navigable waters of the United States from point
sources as defined in the FWPCA, such as nuclear power plants,
etc.) effluent limitations for all pollutants. The FWPCA
(Section 511) provides that nothing under NEPA shall be deemed
to authorize any Federal agency to review any effluent limi-
tation_or other requirement established pursuant to the FWPCA,
or to impose, as a condition of any license or permit, any
effluent limitation other thaji.any such limitation established
pursuant to the FWPCA.
Pursuant to the authority of the FWPCA,. EPA requires
applicants for discharge permits to submit information required
by EPA in order to establish effluent limitations in permits.
Pursuant to the authority of NEPA, NRC may require applicants
for licenses or permits to submit information required by NRC
in order to evaluate and consider the environmental impacts of
any actions it may take. Consequently, the informational needs
imposed by the two agencies may be similar in the area of impacts
on water quality and biota.
The NEPA requires that all Federal agencies prepare detailed
environmental statements on proposed major Federal actions which
can significantly affect the quality of the human environment.
A^principal objective of NEPA is to require the Agency to con-
sider in its decision-making process the environmental impacts
of each proposed major action and the available alternative
actions. Both EPA and NRC have responsibilities pursuant to
NEPA regarding the issuance of licenses or permits for nuclear
power plants and certain other facilities.
{n>e purpose of the memorandum is to clarify the respective
roles of EPA and NRC in the decision-making processes concerning
nuclear power plants and other facilities requiring an NRC
license or permit.!
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Requirements under the FWPCA which affect actions of NRC
include: (1) the requirement under Section 401 of the FWPCA
for a state certification to be received by NRC prior to
the issuance of a license or permit to conduct any activity
which may result in any discharges into navigable v:aters; (2)
the requirement under Section 301 of the FWPCA that a Section
402 National Pollutant Discharge Elimination System (NPDES)
permit be issued for the discharge of any pollutant; (3) the
possibility that variances from Section 301 or 306 thermal
effluent limitations may be granted under Section 316(a); (4)
the requirement under Section 316(b) that the location, design,
construction, and capacity of cooling water intake structures
reflect the best technology available for minimizing adverse
environmental impact; and (5) the provisions of Section 511 as
discussed above. Recognizing (1) NRC's and the applicant's
need for early evaluation of impacts on water quality and biota
that may arise from nuclear power plants, and certain other
activities requiring an NRC license or permit which are subject
to the requirements of 10 CFR 51.5{a); (2) EPA's and NRC's desire
to reach such evaluations consistent with the requirements of
ihe FWPCA and NEPA, and (3) the need for minimizing duplication
of effort, EPA and NRC agree that pursuant to their statutory
authorities:
"&. NRC_will exercise its responsibility and authority under
NEPA as modified by Section 511 of the FWPCA in accordance
with the statement of poVicy set forth in.Appendix A hereto.
The Memorandum of Understanding Regarding Implementation of
Certain Complementary Responsibilities Under the FWPCA and
dated January 15, 19 and 22, 1973 (38 FR 2713) is hereby
rescinded.
2. Paragraphs 3 through 14 of this Memorandum of Understanding
shall apply to requirements for the control and consideration
of impacts on water quality and biota associated with the
licensing and regulation, including early site approval I/,
of the following plants or facilities:
a. nuclear power and test facilities,
b. nuclear fuel reprocessing facilities,
c. uranium isotope enrichment facilities,
d. nuclear fuel fabrication plants,
I/ See 10 CFR Part 2, Appendix A, Paragraph I(c)
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e. uranium hexafluoride conversion plants,
f. uranium milling plants, and
g. nuclear waste treatment and storage plants.
NRC and EPA will work together to identify and consolidate
the environmental information needed for early evaluations
related to impacts on water quality and biota under the
FWPCA with the objective that the scope, form and timeliness
of the information .to be submitted by the applicant satisfy
the requirements of both Agencies. This will include in-
formation needed for-issuance of State water quality cer-
tifications pursuant to Section 401 and NPDES permits
pursuant to Section 402, (including where applicable Section
316(b) considerations regarding best technology available
as applied to cooling water intake structures end Section
316(a) determinations regarding the granting of alternative
effluent limitations for the thermal component of discharges)
and information needed to evaluate the environmental impact
of the facility based on compliance with FWPCA requirements.
Where a facility specified in Section 2 of this Memorandum
is a "new source" (as defined under Section 306 of the FWPCA)
and EPA is the permit issuing authority, EPA has. a respon-
sibility to comply with Section 102(2)(C) of NEPA. EPA and
NRC intend that a single envi rc'iimental impact statement will
be prepared for the facility, and that NRC will be the lead
agency for preparation of such a statement' as provided in
Section 1500.7(b) of the CEQ guidelines for Preparation of
Environmental Impact Statements (August 1, 1973).
(a) EPA will participate in the preparation of the water
quality and related sections of the draft statement
prepared by NRC staff. EPA may provide assistance to
the NRC staff in areas (other than water quality) where
EPA has jurisdiction or expertise.
(b) During the draft statement comment period, EPA will
review and comment pursuant to Section 309 of the
Clean Air Act, as amended, and Section 1500.7(b)
of the CEQ Guidelines for Preparation of Environmental
Impact Statements (August 1, 1973) on the draft environ-
mental impact statement prepared by NRC staff. EPA
will participate with NRC in the review of comments on
the draft EIS and in the preparation of the final EIS.
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(c) Where there are areas of disagreement that cannot
be resolved prior to issuance of the final statement,
both NRC's and EPA's views shall be accurately set
forth in the final statement.
(d) It is expected that where EPA does not agree with
any of the discussions, analyses and conclusions of
the NRC staff as set forth in the final environmental
impact statement, EPA may petition for leave to inter-
vene pursuant to 10 CFR s 2.714 in any proceeding
pending before an NRC atomic safety and licensing
board on the license or permit application at issue
in order to have its opposing views considered further
on their merits by NRC.
(e) In any hearing held by EPA pursuant to 40 CFR § 125.36
regarding the issuance of a permit under Section 402,
only those NEPA issues concerning matters within EPA's
regulatory jurisdiction will be considered, and those
NEPA issues outside of EPA's regulatory jurisdiction
will be resolved in the NRC impact statement and, if
necessary, hearing process.
5. NRC vnll take the lead in communicating to the applicant
those minimum NRC and EPA requirements for information to
facilitate their respective environmental evaluations.
Requests for additional information, as needed jn spec.ific
situations, may be directed to the applicant by EPA. Such
requests will be coordinated with NRC to the maximum extent
practicable in order to avoid duplication of effort.
6. EPA and NRC will meet, as appropriate, at an early time
prior to and/or .during the environmental review process
for each facility or plant specified in Section 2 of this
Memorandum to discuss potential impacts on water quality
and biota.
7. EPA will exercise its best efforts'to evaluate the levels
of discharges and impacts on water quality and biota
pursuant to Sections 402 and 316(a), as appropriate, and
complete cooling water intake structure evaluations pur-
suant to Section 316(b) as far as possible in advance of
the planned date of issuance by NRC of the final environ-
mental impact statement for the construction permit or
operating license for each nuclear power reactor. EPA
also will exercise its best efforts to make such eval-
uations as far as possible in.advance of the planned date
of issuance of the final environmental impact statement
for any other plant or facility specified in Section 2
of this Memorandum, or issuance of early site approvals
associated with nuclear power and other facilities.
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Further, where possible, EPA's comments on NRC's draft
environmental impact statement for each such facility
or plant will reflect such evaluations- EPA will, if
necessary, undertake to revise existing NPDES regulations
in order to establish a procedure for issuance to the
applicant (copy to NRC), where appropriate in light of the
substantive requirements of Section 402, of a complete
Section 402 permit as soon as possible prior to the planned
date of authorization by the NRC of any commencement of
construction 2_/ or issuance by NRC of a license, or early
site approval, whichever is applicable.
Such permits will contain appropriate terms and conditions
for all discharges of pollutants expected during the life
of the permit (five years maximum) and terms and conditions
with regard to cooling water intake structures and Section
316(a)vdeterminations concerning thermal discharges.
Additional permit terms and conditions for discharges not
contemplated during the life of the permit (such as certain
chemical -and other releases not expected until operation
startup) may be derived from applicable State water quality
standards and applicable new source performance standards
contained in 40 C.F.R., Chapter I, Subchapter N. Permits
may be reissued, or modified as appropriate, and any re-
issued or modified permit, to be effective at- the commence-
ment of actual discharge as provided above may require
additional limitations and.controls based on data gathered
during the initial permit or may require additional Section
316(a) and (b) studies for the purpose of confirming con-
clusions reached from previous predictive studies. Appli-
cations for permit reissuance as provided above will be
evaluated by E'PA in light of a policy to assure to the
maximum extent possible that subsequent considerations
regarding impacts on water quality and biota will not
result in the need for significant changes in plant design
or in the costs and benefits of the operation of the
facility subsequent to the completion of NRC's environmental
review 3/
2J The term "commencement of construction" means commencement
of construction as defined in 10 CFR § 30.4{w), 40.4(n),
50.10(c) or 70.4{s), as applicable.
3/ A facility which has been given § 316(a) alternative
effluent limitations is not entitled to the 10-year grace
period (or applicable amortization period) provided for in
§ 306(d) for new sources or in 316(c) for modified sources
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8. EPA will work closely with MRC in connection with NRC's
efforts with State and regional authorities to assure that
v/ater quality certifications pursuant to Section 401 for
the facilities specified in Section 2 that require such
certification are issued in advance of the planned date of
issuance of NRC staff's final environmental impact statement
for the facility. Where heeded EPA also will work closely
with NRC in connection with NRC's efforts with State and
regional authorities to assure that discharge permits
pursuant to Section 402 for facilities specified in Section
2 are issued as soon as possible prior to the planned date
of authorization by NRC of any commencement of construction
or issuance by NRC of a license, or early site approval,
whichever is applicable.
9. It is the view of the parties that the States which have
approved NPDES permit programs have authority to establish
a procedure similar to the early permit issuance procedure
discussed in Paragraph 7 hereof. Both EPA and NRC strongly
encourage States which have such authority to institute
an early issuance procedure relevant at least to thermal
discharge and intake structure determinations and other
discharges anticipated during the life of the permit and
to cooperate with EPA and NRC in implementing this procedure
10. EPA and NRC will maintain"close contact on water quality
and related matters during the entire environmental re-
view, including:
(1) open interagency communications, and mutual cooperation
and coordination on all relevant water quality matters;
(2) a status meeting, where appropriate, after completion
of the public comment period on NRC staff's draft environ-
mental impact statement; and
(3) notification to the other Agency, by the Agency first
becoming aware of the situation, at any point during the
environmental review or subsequent thereto, of any signi-
ficant new considerations that develop, e.g., a major
change in plant design or the identification of significant
considerations regarding impacts on water quality or biota
that were not previously evaluated as may result from a
major change in plant design.
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11. EPA and NRC will consider the feasibility of holding
combined or concurrent hearings on EPA's Section 402
permits and NRC's construction permits, or other actions,
on a case-by-case basis. If there "are areas involving
impact on water quality or biota where there are signi-
ficant differences of opinion between NRC and EPA, every
reasonable attempt will be made to identify and resolve
these differences prior to the planned date of issuance
of NRC's final environmental statement.
12. The principal NRC contact under this Memorandum of
Understanding shall be the Assistant Director for
Environmental Projects. The principal EPA contact
under this Memorandum of Understanding shall be the
Assistant Administrator for Enforcement, and/or the
Regional Administrator or his designee as appropriate.
13. Nothing in this Memorandum of Understanding is intended
to restrict the statutory authority of either Agency.
The Memorandum of Understanding regarding NRC-Licensed
Facilities and dated August 21 and 27, 1973 (38 FR 24936)
shall remain i-n effect in accordance with its terms.
14. This Memorandum of Understanding shall take effect on
December 17. 1975. after the signing by authorized represent-
atives of the respective Agencies and approval by the
Council on Environmental Quality. The Memorandum shall
apply to all pending and future applications for licenses
or permits covered by paragraphs 1 and 2 except that,
with respect to applications for licenses or permits for
facilities and. plants docketed prior to the effective
date of this Memorandum, Paragraphs 2 through 14 shall
only be applied to the maximum extent .practicab!e. This
Memorandum of Understanding and Appendix A hereto super-
sede the Memorandum of Understanding Regarding Imple-
mentation of Certain Complementary Responsibilities
Under the FWPCA and dated January 15, 19 and 22, 1973
(38 FR 2713) and associated Interim Policy Statement
(38 FR 2679).
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FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
Executive Director for Operations
FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
W. Leg/if
Assistant Administrator for Enforcement
APPROVED BY THE COUNCIL ON ENVIRONMENTAL QUALITY FOR
THE COUNCIL
GaryTwT
General
dman.
Counsel
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APPENDIX A
POLICY STATEMENT ON IMPLEMENTATION OF SECTION 511
OF THE FEDERAL WATER POLLUTION CONTROL ACT (FHPCA)
1. Applicability.
This statement and Paragraph 1 of the Memorandum shall
apply to all Licensing proceedings subject to 10 CFR Part
51, involving facilities or activities which may result in
the discharge of a pollutant into the navigable waters* as
defined in Section 502(12)(A) of the FWPCA.
2. Definition of Terms. As used in this statement:
a. Limitations or other requirements promulgated or
imposed pursuant to the FWPCA means effluent limitations
or other requirements promulgated or imposed pursuant to
Sections 208(e), 301, 302, 303(e), 304(b), 306, 307, 316,
318, 401, 402, 403, or 404 of the FWPCA. It also includes
(1) water quality standards continued in effect or promulgated
pursuant to Sections 303(a), 303(b), or 303(c) of the FWPCA;
(2) maximum daily loads for pollutants and maximum daily
thermal loads, promulgated pursuant to Section 303(d) of the
FWPCA; and (3) limitations or other requirements of State
law under authority preserved" by Section 510 of the'FWPCA,
but only if and to the extent that such limitations or other
requirements covered by this Paragraph (a)(3) are imposed
and set forth in a certification pursuant to Section 401(d)
of the FWPCA, or are imposed as a condition in the license
pursuant to Section 401(a){2) of the FWPCA, or are imposed
and set forth as a condition in a permit issued pursuant to
Section 402 of the FWPCA. It.does not include effluent
limitations or other requirements regarding source, byproduct,
or special nuclear materials, which are subject to regulation
by the Nuclear Regulatory Commission (NRC) pursuant to the
Atomic Energy Act of 1954, as amended, or limitations or other
requirements promulgated or imposed pursuant to other Federal
law.
b. Pollutant discharge system means equipment or mode
of operation designed or intended for the control of the
di-scharge of pollutants, as that last phrase is defined in
Section 502(12) of the FWPCA. It does not include equipment
or mode of operation designed or intended for the control
of source, byproduct or special nuclear materials, which are
subject to regulation by NRC pursuant to the Atomic Energy
Act of 1954, as amended.
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c. Cooling water intake structure location, designs
construction and capacity means cooling water intake structure
location, design, construction and capacity within the mean-
ing of Section 316(b) of the FWPCA.
3. Authority to Impose Requirements or Limitations
Pursuant to National Environmental Policy Act of 1969 (NEPA).
Except as provided in Paragraph 7, if and to the extent
that there are applicable limitations or other requi r .-merits
promulgated or imposed pursuant to the FWPCA, different limi-
tations or requirements will not be imposed by NRC pursuant
to NEPA as a condition to any permit or license, provided
however, that limitations or other requirements of State
law, under authority preserved by Section 510 of the FWPCA
which (1) are imposed and set forth in a certification
pursuant to Section 401(d) of the FWPCA, or imposed as a
condition .in the license pursuant to Section 401(a)(2) of
the FWPCA, or imposed and set forth as a condition in a
permit issued pursuant to Section 402 of the FWPCA, and (2)
address matters different from the matters addressed by
other limitations or other requirements promulgated or
imposed pursuant to the FWPCA, shall be regarded as only
minimum limitations or requirements and NRC shall retain
any authority under NEPA to- impose more stringent limitations
or requirements.
4. Alternatives.
a. Neither alternative cooling water intake structure
location, design, construction, and capacity, nor alter-
native pollutant discharge systems will be considered by
NRC pursuant to NEPA (1) if.and to the extent that conditions
imposed as a part of the license or permit for the facility
or activity pursuant to Section 401(d)'or Section 401(a)(2)
of the FWPCA require that a particular alternative be adopted,
or (2) if and to the extent that a permit or determination
with E condition requiring the adoption of a particular
alternative has been issued for the facility or activity
pursuant to Sections 208{b)(2)(C)(1i) and 303(e)(3)(B) ,
318, 402 or 404 of the FWPCA.
b. Alternative pollutant discharge systems will not
be considered by NRC pursuant to NEPA where effluent limi-
tations have been imposed on the facility or activity under
Sections 301(c) or 302 of the FWPCA.
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c. Neither alternative sites, facilities or activities,
nor alternative systems will be considered fay NRC pursuant
to NEPA if and to the extent that a determination made with
respect to the facility or activity under Sections 208(b)
(2)(C)(ii) and 303(e)(3){B) of the FWPCA requires as a
condition that a particular site, facility or activity, or
system be adopted.
d. NRC will not require adoption of an alternative
pursuant to NEPA in order to minimize impacts on water
quality and biota that are subject to limitations or other
requiremenis promulgated or imposed pursuant to the FWPCA.
5. Cost-Benefit Balances.
In evaluating the costs and benefits of a proposed
action pursuant to NEPA, NRC will evaluate impacts on water
quality and biota notwithstanding that such impacts are
subject to limitations or other requirements promulgated or
imposed pursuant to the FWPCA.
6. Certifications.
A certification issued pursuant to Section 21{b) of the
FWPCA in effect immediately prior to the date of enactment
of the Federal Hater Pollution Control Act Amendments of
1972 will be accepted as satisfying the certification require-
ments of FWPCA Section 401 (a) w'ith respect to NRC licensing
actions after that date subject to Section ^Ol(a) if the
certification otherwise remains in effect.
7. More Stringent Requirements - Transition Period.
The NRC may include limitations or requirements in the
license or permit that are more stringent than limitations
or requirements promulgated or imposed pursuant to the
FWPCA where such limitations or requirements are proposed
by the license or permit applicant in a licensing proceeding
in which the applicant's license or permit application at
issue and environmental report hed been filed prior to
enactment of the FWPCA.
8. Effect of Section 316(a).
Whenever there are limitations or other requirements
promulgated or imposed pursuant to the FWPCA with respect to
discharges of heated effluent but a request pursuant to
Section 316(a) has been or may be filed and no limitations
pursuant to Section 316(a) have yet been imposed, the other
limitations or other requirements respecting discharges of
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heated effluent shell be regarded as expressing only the
most stringent 1ircitations or other requirements that might
be promulgated or imposed pursuant to the FWPCA in implement-
ing Paragraph 3.
9. Effect on Part 51.
To the extent that there is a conflict between any of
the provisions of this statement of policy and the provisions
of 10 CFR Part 51, the provisions of this statement shall
govern.
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July 21. 3976 (Wednesday)
VII. Sur.i.iary of Previous Discussion 9.00 "-i
A. Brief Opportunity For Questions
VIII. New Source NPDES EIS Regulations - Dr. Williac
Rosenberg, Mr. Peter Cook and Mr. Ned Cronin 9:30 an
A. Outline of Regulations' and Relationship with NLPA
B. Policy Issues
C. Conditioning of 11PDES Permits
D. Impact on State Program
E. Contractual Mechanism for Preparing EIS s
Break For Lunch 12:15 pia
IX. NKC/EPA Memorandum of Understanding - Mr. Bennett
Harless, Ms. Rebecca Hamuer and Mr. William Jordan 1:30 pia
A. Background, Objective, Content
B. Implementation
C. NKC/EPA/State Memoranda
X. Ongoing Efforts on Other EPA/Federal Agency Memoranda
of Understanding - Ms. Rebecca Ha nine r 3:00 pra
XI. Summary 3:30 pm
Adjournment
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Environmental Projects Personnel
ADEP PROJECT INSTRUCTION NO. 76-
IMPLEMENTATION OF THE SECOND HP.C/EPA MEMORAiiDUM OF U.'SDERSTAI.Dl,1;:- 'JNQE?.
THE FEDERAL WATER POLLUTION CONTROL ACT
This is to clarify the separate and joint Nuclear Regulatory Ccrr.ission
and Environments! Protection Agency responsibilities regarding imple-
mentation of the Second NRC/EPA Memorandum of Understanding (Enclosure 1)
under the Federal Water Pollution Control Act Amendments of 1972 (Ri'PCA).
The understanding is that NRC will act as the "Lead Agency" in prepar-
ing environmental statements for nuclear power plants and certain other
activities specified in the Memorandum. This will obviate the need for
EPA to prepare separate environmental statements for such facilities.
EPA will exercise its best efforts to issue complete Section 402 dis-
charge permits as far as possible in advance of the planned date of
authorization by NRC of any commencement of construction or issuance
by NRC of any license on early site approval, whichever is apDlicable.
See Section 7 of Enclosure 1.
The following are the principal actions which will be required of both
agency staffs to implement the Second Memorandum of Understanding:
1) NRC shall inform EPA and state environ-entel authorities as scan
as it becomes aware of the plans of any applicant to cor.struct e
nuclear power plant or other facility covered by the !-'.e~orancL-:.
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:rly notification preferably two years before the /acceptance
is necessary in order for EPA and/or the state to work with
licant in developing an acceptable program to monitor water
aspects of the proposed site which will be significant in
g the impacts of the construction and operation of the
on water quality and aquatic biota. EPA's soon to be issued
d 316(b) Technical Manuals will provide substantial guidance
Storing that will be required for an exemption under
5(a) for the thermal component of discharges and what will
A
1 for an adequate showing under'Section 316(b) that tha
:ture meets the best technology available.
11 designate a project officer to work with KRC on
T each region. The project officer will be given specific
y to coordinate EPA's review with NRC as necessary to
nat the goals of the Memorandum are met in a timely fashion
mpacting NRC's environmental neview schedule. Enclosure 2
C-d^uZsU-^cT
ing of the regional .project effficofs with their addresses
one numbers..
ibtify the applicant of EPA's data requirements on
ty and biota. Where a 316(a) exemption will be re-
to 24 months of data will usually be required prior
n of the Environmental Report (ERKtctKRC and fEA
j£ ;tf& *%3*r
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3.
acconv
by NR
24 mo
fiodate those plants currently in the planning stage or under review
; and for which there is insufficient time to gather a full 18 to
iths of data.
V
4) The NRC project manager shall notify the applicant of the advis-
ability of obtaining a Section 401 water quality certificate from
the appropriate state before the issuance of the Draft: Environmental
Statement (DES).
5) The NRC project manager shall request the applicant to submit copies
of the ER to the EPA project officer and to the state water quality
permitting agency (Enclosure 3) at the same time the ER is submitted
to NRC for the Acceptance Review. The EPA project officer shall
transmit to NRC any specific questions or comments EPA may have on
the ER within 20 days after receipt of the ER^p £**£-'
6) NRC will take the lead in communications with the applicant. This
does not preclude the EPA project officer from requesting additional
information in specific situations', however, the project officer
shalf coordinate these requests with the project manager in order
to avoid duplication of effort
7) The NRC project manager shall inform EPA's project officer of, and
afford him the opportunity to take part in, all site visits, laboratory
team conferences, and meetings with consultants, utility representa-
tives and parties to NRC proceedings which have a bearing on water
quality or related issues.
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J3) The project manager shall^ suiiWeyi^O'-f-er the EPA project officer
*
9)
.
nfjthr major areas of concern with regard to
water quality, as developed in discussions between NRC and EPA
personnel during the site visit. Subsequently, the project manager
and project officer shall keep each other currently informed of any
differences in their positions on water quality and related matters
and of any new information which becomes available. Consultations
or conferences between NRC and EPA technical staffs will be
arranged to resolve any differences which may arise,? EPA may
provToeassistance to the NRC staff in areas other than water
quality where EPA has jurisdiction or expertise.
ft
jiitc.1
The NRC project manager shall apprise EPA uT li"\C.'i> >L)idi!ulr
*t
f b
, in order that EPA
may be av/are of the date when its inp^ut to £he DES on waiter quality
issues is
10) During the draft statement comment period, EPA shall review and
comment pursuant to Section 309 of the Clean Air Act, as amended,
4
and Section 1500. 9{b) of the CEQ Guidelines for Preparation of
Environmental Impact Statements (August 1, 1973) on the Draft t
&/£ r-JLi 3
Environmental Statement prepared by NRC staffe Bnd---sucH
comment shall be accurately reflected and set forth in the Final
Environmental Statement ycparod by the HUG ntnff together with
C 't
£3po.ijcT where appropriate.
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The NRC Project Manager shall provide the EPA Project Officer witn
, , L^tSLi**.
copies of all comments received on draft statements as soon as
_ |
possible arter they are received. ^ EPA need not CP-CJ*- in- all of
the discussions and conclusions in the HRC environmental impact
statement regarding these comments. Where there are areas of
disagreement that cannot be resolved prior to issuance of the final
statement, opposing views provided by EPA shall be accurately set
forth in the statement.
Where EPA does not agree with NRC's discussions and conclusions in
the Final Environmental Statement, EPA may petition for leave to
intervene pursuant to 10 CFR 2.714 in any proceeding pending
before an NRC Atomic Safety and Licensing Board on ths license or
permit" application at issue, in order to have its opposing views
considered further on their merits.
Enclosure 4 is a graphical illustration of the major milestones involved
in a typical environmental review at the construction pernit stage.
The Memorandum provides for several other NRC/EPA cooperative efforts
on a case-by-case basis. There are:
a) NRC and EPA will consider J^L^LJ.J tL"i! i !,„ .-f holding combined
or concurrent hearings on EPA's Section 402 discharge permits and
NRC's construction permits or other actions.
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b) EPA will work closely with NRC in connection with NRC's efforts
CW-**«j£»
with stats and regional authorities to .as^ae tha.t water quality
a* L*. CAJ**&dM ^ ej»*~*-i~ *i
certifications under Section 401 are issued priop- to NRC's final
f
environments! impact statement.
c) EPA will work closely with NRC in connection with NRC's work
with EPA permitting states to assure that Section 402 discharge
permits ere issued as far as possible in advance of authorization
by NRC of any commencement of construction or issuance by NRC of
any license or early site approval.
Trr rrMir-nnj Mflfi and EPA afirpofl tr v""""1' -t-ngo-Hier »n iHonHfy
Soil Uu la t'r.c environment^ — rnrwiildL'lOrfi iidddtid Tui corly evoT
iads' oil waLm quality and-b
-fine's efforts
in this >'fc!ddnJ die essentially Hjj.ifjTjjLe Uhd Llie ijuiiidtiLb! will LJ pu'ulir,liud
fov commauL in Llk1 Tui.» oT dfdfi EPA blb(a) and jlb(b; lecnnf
Voss A. Moore, Assistant Director
for Environmental Projects
Division of Site Safety and
Environmental Analysis
Enclosures:
1) Second NRC/EPA Memorandum of Understanding
2) List of EPA Project Officers
3} Water quality officials in EPA permitting States
4) Graphical illustration of major milestones in a typical
environmental review
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ENCLOSURE 1
ENVIRONMENTAL REVIEW SCHEDULES F02
CP APPLICATIONS WITH NO ANNOUNCED CONSTRUCTION DELAYS
Milestone Completion
Cumulative Cumulative
Calendar Calendar '
Ml 1 e.s-torie Event Days Weeks
,02' Receipt
Acceptance Review
,02-3," ER/LWA Acceptance Review Zero 0 0
02-6 Acceptance Review (Input) 18 3
,29-75 Letter to Applicant on Acceptance
Review 30 4
Site Visit Agenda to Applicant 30 4
Environmental Review
Docket Date 0 0
Site Visit* 6 1
Formal Staff Questions to Applicant 13 2
Applicant's Formal Respor.se 35 5
73 DES Input 55 8
PDES £«./,--* Zfc~5 71 10
£LJ 6 E? iXar.agement Review 84 12
ELD Section Cnief 86 12
Fir.al Ecitir.g and Production 100 14
D£S Printec and Issued 109 15
X3C Federa'i Register Notice Published 109 15
CEQ Federal Register Notice Published 115 15
Staff Consents DES 139 20
Complete Changes to CH 1-10 163 23
CorKnent Period Ends 161 23
Complete ELD Review of CH 1-10 179 25
Staff & Applicant Response 192 27
Complete S&C and CH 11 199 28
Staff Review 213 30
ELD & E? KanageneRt Review 220 31
ELD Section Crrief 222 31
EPM rina'i Editing and Production 236 33
Issue FES 245 35
ASL3 Decision 405-^ >T 58
LWA Issued 407 TiA 58
* 3',".-. '/•s: t :-£;/ oe cc'.:..c".=c p^ior
c.'nrw^'.e s.'O.v' for cc.'.tss^tc prccaaci.19 viva r-pitr? cura~ion); if tne
case proves tc be ^r.icr.iested', prepare c schacu":e change request
ref'ecting c. S3 cay nsarir.g process. If there is no LWA these milestones
are not applicable.
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N'RC H—
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CP
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