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 (MOU) 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 MOU 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 MOU.
Since Septembers, 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 MOU, 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 MOU 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.
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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 MOU, 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 MOU 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 MOU 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 MOU. 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 MOU 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 MOU, each party will revise its guidance to its
Headquarters and Regional Offices to reflect the terms of this MOU.
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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 MOU; 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^pply to this section.
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Christine T. Whitman Date Richard A. Meserve Date
Administrator Chairman
US Environmental Protection Agency 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 MOU; 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
1See letter from Elizabeth Cotsworth, Acting Director, Office of Solid Waste to James R.
Roewer, USWAG, dated March 5, 1997.
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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
19,600pCi/g
6 pCi/g
13,500 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
4 pCi/g
5 pCi/g
Industrial/Commercial
Soil Concentration
423 pCi/g
123,000 pCi/g
14 pCi/g
32,200,000 pCi/g
1 0,700 pCi/g
3,740,000 pCi/g
169 pCi/g
112pCi/g
2,21 0,000 pCi/g
l,420pCi/g
6pCi/g
1,230,000 pCi/g
555,000 pCi/g
l,070pCi/g
3 pCi/g
89,400 pCi/g
l,080pCi/g
26 pCi/g
llpCi/g
7 pCi/g
8 pCi/g
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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
IT- 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
5 pCi/g
10 pCi/g
15 pCi/g
5 pCi/g
401 pCi/g
20 pCi/g
74 pCi/g
47 mg/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
5 pCi/g
21 pCi/g
25 pCi/g
5 pCi/g
3,310pCi/g
39 pCi/g
179 pCi/g
1230 mg/kg
l,640pCi/g
l,430pCi/g
1 72,000 pCi/g
568 pCi/g
344,000 pCi/g
67 pCi/g
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