MEMORANDA OF UNDERSTANDING

Dted: AvWo tO, 1994.

For the U.S. Nuclear Reulatory

Commisslon.

James M. Taylr.

Executive Directorfor Operations

Dated: September 7,1994.

For the State of New Hampshire

George L Ivaron,

Director, New Hanpshire Office of Energncy

Manogement.

61 FR 40249

Published 81196

Effective 7126196

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

NUCLEAR REGULATORY

COMMISSION

[NRC Docket Nos. 70-7001; 70-7002]

Memorandum of Understanding With

Respect to the Gaseous Diffusion

Plants I

AGENCIES: Nuclear Regulatory

Commission and Occupational Safety

and Health Administration, Labor.

ACTION: Publication of Memorandum of

Understanding between the Nuclear

Regulatory Commission (NRC) and the

Occupational Safety and Health

Administration (OSHA).

SUMMARY: NRC and OSHA have entered

into a Memorandum of Understanding

that describes the authorities of NRC

and OSHA in implementing the Energy

Policy Act of 1992 provision on

occupational safety and health hazards

at the gaseous diffusion plants,

currently operated by the U.S.

Enrichment Corporation (USEC),

covering inspection, investigation,

enforcement, and other regulation

relating to such hazards. A

memorandum of agreement is required

by the new USEC Privatization Act, and

will apply to operations of USEC and

any corporation which succeeds USEC.

The text of the Memorandum of

Understanding is set forth below.

FOR FURTHER INFORMATION CONTACT: Mr.

John W. N. Hickey, telephone 301-415-

7192, Office of Nuclear Material Safety

and Safeguards, MS T-8A-33, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555; or Mr. Gregory

Watchman, telephone 202-219-6091.

Occupational Safety and Health

Administration, U.S. Department of

Labor, 200 Constitution Avenue, NW.,

Washington, DC 20210.

Dated at Rockville, Maryland, this 26th day

of July 1996.

For the Nuclear Regulatory Commisslon.

John W.N. Hickey,

Chief, Enrichment Branch, Division of Fuel

Cycle Safety and Safeguards.

For the Occupational Safety and Health

Administration.

Gregory Watchman,

DeputyAssistant Secretaryfor Occupational

SofetyandHealth.

Memorandum of Understanding Between the

Nuclear Regulatory Commission and the

Occupational Safety and Health

Administration With Respect to the Gaseous

Diffusion Plants

1. Legislation and Authorities

The Atomic Energy Act of 1954, as amended by the Energy Policy Act of 1992

(the Act), created the United States

Enrichment Corporation USEC), a government corporation, to manage and

operate the two uranium gaseous diffusion

enrichment plants (CDPsI in Paducah,

Kentucky. and Piketor, Ohio. owned and

previously operated by the U.S. Department

oftEnergy (DOE). Pursuant to the Act, on July

1,1993, USEC began leasing from DOE

substantial operating portions of the two

GDPs. Section 1312 of the Act requires USEC

to be subject to and comply with the

Occupational Safety and Health Act (OSH

Act) in the same manner, and to the same extent, as an employer Is subject to the OSH

Act, notwithstanding sections 3(5), 4(bl(1),

and 19 of the OSH Act.

In addition, the Act requires the Nuclear

Regulatory Commission (NRC) to promulgate

standards applicable to the GDPs, to protect

the public health and safety from radiological hazards, and to provide for the common defense and security. NRC must establish an annual certification process for compliance with these standards. NRC published its final

standards, 10 CFR Part 76, Certification of

Gaseous Diffusion Plants,. on September 23,

1994 (59 FR 48944). NRC will assume regulatory oversight responsibility with

respect to USEC's compliance with the Part

76 standards after NRC completes the irst

compliance certification process.

The USEC Privatization Act, signed Into

law on April 26,1996, provides for

establishment of a private corporation to

succeed USEC. The USEC Privatizatioh Act

specifies that the private corporation will be

subject to the OSH Act, but the exceptions to

sections 3(5), 4(b)(1), and 19 were removed

with respect to the private successor. Furthermore, the USEC Privatization Act

requires NRC and Occupational Safety and

Health 4dministration (OSHA) to enter Into a memorandum of agreement, within 90 days

of enactment of the Privatization Act, to

govern the exercise of their authority over occupational safety and health at the GDPs.

II. Background and Purpose

A. Both NRC and OSHA have

responsibilities concerning occupational

safety and healtb at GDPs. Because It Is not

always practical to sharply identity

boundaries between the nuclear and

radiological safety regulated by NRC and the

industrial safety regulated by OSHA. the two

agencies have geed to coordinate their

regulatory ro uns to assure worker safety.

avoid regulatory gaps In the protection of

workers, and avoid duplicative regulation.

B. The purpose of this Memorandum of

Understanding (MOU) between NRC and

OSHA Is to delineate the general areas of

responsibility of each agency; to describe

generally the efforts of the agencies to

achieve worker protection: and to provide

guidelines for coordination of interface

activities between the two agencies at the

GDPs. The MOU applies both to USEC and

any private successor corporation.

C DOE remains the owner of the CDP sites

and facilities, and continues to conduct and

regulate activities at the sites that are outside

NRC jurisdiction. This MOU does not apply

to DOE facilities that are not leased, and does

not effect jurisdictional Issues between

OSHA and DOE.

m. Hazards Associated With GDPS

Working conditions at the GDPs Involve

both radiological and non-radiological

occupational bazards. Frequently, conditions

Involve a combination of these hazards. ) Examples are: (l) radioactive materials and

other chemicals, In the same work area, that

present potential radiological and chemical

hazards,. (2) hazardous chemicals that could

adversely affect radiological safety or could

be released from the processing of radioactive

materials, and (3) a fire or explosion hazard

that could cause a release of radioactive

material and other hazardous chemicals.

In general, NRC will apply its standards to

working conditions involving radiological

hazards, OSHA will apply Its standards to

working conditions Involving non- radiological hazards, and both agencies will

apply their standards to conditions involving a combination of hazards. NRC and OSHA

will coordinate their efforts as specified in

this memorandum.

IV. NRC Responsibilities

NRC Is responsible for certifying two

leased CDPs. as mandated by the Act and

other applicable statutes. NRC will conduct

compliance certification in accordance with

10 CFR Part 76. This will Include regulation

of radiological hazards and any other bazards

that may affect radiological safety of the

facilities.

NRC's responsibilities include protecting

public health and safety, Including workers.

and protecting and safeguarding materials

and plants in the interest of national security. Agency functions are performed through:

standards-setting and rulemaking: technical - -

reviews and studies; conduct of-public t

hearings; issuan;ce of compliance certificates:

, \~~~

March 31, 1999 MU-122
MEMORANDA OF UNDERSTANDING

Inspection, investigation and enforcement;

and evaluation of operating experience.

V. OSHA Responsibiities

OSHA is responsible for administering the

requirements established under the OSH Act

and OSHA standards. Under the OSH Act.

employers have a general duty to furish

each employee with a place of employment

that is free from recognized hazards that can cause death or serious physical harm and to

comply with all OSHA standards, rules, and

regulations. OSHA standards contain

requirements designed to protect employees against workplace hazards. Under the OSH

Act, OSHA is authorized among other things

to conduct workplace health and safety

inspections, including inspections in

response to employee complaints. and to

Issue citations and conduct enforcement

actions.

Section 1312 of the Energy Policy Act

contains certain exceptions to the OSH Act as applied to ISEC. The USEC Privatization

Act deleted these exceptions with respect to

application of the OSH Act to a private

corporation which succeeds USEC.

VI. Implementation

In recognition of the agencies' authorities

and responsibilities enumerated above, the

following procedures will be followed:

A. NRC will epply its standards In

Inspection and enforcement of working

conditions involving radiological hazards or combined hazards as described in Paragraph 111. OSHA will apply its standards in

inspection and enforcement of working conditions involving non-radiological

hazards or combined hazards as described In

Paragraph 111. OSHA will not normally

conduct enforcement actions with regard to

GDP working conditions that involve solely

radiological hazards.

B. It is not intended that either agency will

in any way be restricted from regulating

satetv within their respective jurisdictions. If

_NRC or OSHA identifies, or is notified by the

operator of. a conflict between NRC and

OSHA requirements, both agencies will work

together to resolve the concern promptly. C. NRC has established a permanent site

office and assigned full-time inspectors at

each GDP. and plans to continue this

arrangement for the foreseeable future. The

results of NRC inspections will be provided

to OSHA on request, subject to applicable

procedures to protect classified and

proprietary information. The nformation

will also be available in NRC local public

document rooms, and available to GDP

workers on request, except for any portions containing classified, proprietary, private, or other information withheld from the public In accordance with applicable laws and

regulations. NRC resident inspectors will also

be available to discuss working conditions

with workers.

D. Although NRC does not conduct

inspections exclusively focused on non- radiological safety, in the course of

inspections related to radiological hazards or combined hazards, NRC personnel may

identih non-radiological worker safety concerns. NRC will bring the identified

matters to the attention of GDP management. Significant worker safety concerns will be

documented in writing and made available as specified in Paragraph VI.C In addition,

OSHA will be Informed as follows:

1. Referral to OSHA of Hazards Identified

by NRC. If non-radiological worker safety concems are dentified by NRC, or if USEC

demonst-ates * pattern of unresponsiveness

to non-radiological workeer safety concerns identified by others, NRC will inform the

appropriate OSHA Regional Ofnfice.

2. Referral to OSA of Worker Safety and

Health Complaints. NRC will refer worker

safety or health complaints, related to non- radiological or combined hazards, to the

appropriate OSHA Regional Office In

accordance with existing NRC procedures.

These procedures provide for protection of

the identity of the complainant to the extent

feasible.

E. To the extent practicable, OSHA

inspectcrs will inform the NRC Site Office, on arrival on site, of OSHA inspections In areas where combined radiological and non- radiological hazards are present as descibed

in Paragrapb mI. Findings from such

inspections will be shared and coordinated

with NRC

F. OSHA Regional Offices will inform the

NRC Region III Office or Site Office of

matters related to radiological hazards or combined bazards, when sucb matters come to their attention during Inspections or through complaints. Workers' complaints

falling within NRC jurisdiction will be

handled by NRC in accordance with existing

procedures.

C. Worker representatives may accompany

NRC inspectors on inspections of working

conditions as provided n 0 CFR Part 19.

Worker representatives may ccompany

OSHA Inspectors as provided in 29 CFR Part

1903.

H. The employee protection provisions In

Section 211 of the Energy Reorganization Act

of 1974, as amended, 10 CFR Part 76.7. and

Section 11 c) of the OSH Act are applicable

to employees of USEC and contractors at Its

administered facilities.

1. In recognition of the fact that both NRC

and OSHA will conduct inspections In areas where combined hazards are present, OSHA

will provide NRC personnel with basic

chemical and industrial safety training In

OSHA safety standards, consistent with

ongoing OSHA training programs and resource constraints. Also. NRC will provide OSHA personnel with training In basic

radiation safety requirements, consistent

with ongoing NRC training programs and resource constraints. Details of such training

will be as mutually agreed to by the NRC

Technical Training Center and the OSHA

National Training Institute.

VII. Enforcement

A. Each agency will conduct an inspection

and enforcement program within Its

responsibilities as warranted.

B. Each agency will take enforcement

actions as it Jeems appropriate within the

limits of its athorities. Upon completion of

any NROand/or OSHA nspections/

investigations associated with the same set of

facts or the same incident for which either

agency intends to take enforcement action,

NRC and OSiA will consult with each other on the results of their respective Inspections

and will jointly define the scope of

enforcement actions to minimize duplicative

enforcement actions and preclude

duplicative clvil penalties.

Vm. Contacts

NRC and OSHA will deslgnate appropriate

contacts for Implementation of this

memorandum. A list of OSHA contacts will

be provided to the Director, Office of Nuclear

Material Safety and Safeguards, NRC. A list

of NRC contacts will be provided to the

Director of Policy, OSHA.

LX. Effective Date, Revision, and

Term'inaion

This memorandum shall be effective upon

signature by authorized representatives of the

respective agencies, and shall continue In

effect until revised by mutual agreement,

unless terminated by either party upon 120

days notice in writing

For the Nuclear Regulatory Commission.

Dated: July 26. 1996.

James M. Taylor,

Executive Directorfor Operalions.

For the Occupational Safety and Health

Administration.

Dated: July 26, 1996.

Joseph A. Dear,

Assistant Secretoryfor Occupational Safety

andHealth.

61 FR 46832

Published 9/5/96

Effective 7/15,96

Issuance of a Memorandum ot

Understanding between the NIlear

Regulatory Commission and the

Pennsylvania Department of

Environmental Protection

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of issuance ota

Memorandum of Understanding.

SUMMARY: Tbis notice is to advise the

public of the issuance of e

Memorandum of Understanding (MOU)

I 4

MU^123 March 31, 1999