No. 92-42 FOR IMMEDIATE RELEASE

Tel. 301/504-2240 (Monday, March 16, 1992)

NRC, EPA SIGN MEMORANDUM OF UNDERSTANDING

Nuclear Regulatory Commission Chairman Ivan Selin and

Environmental Protection Agency Administrator William K. Reilly

today signed a Memorandum of Understanding to foster cooperation

between the two agencies in protecting public health and safety

and the environment on matters related to radiation.

"This is a major step forward for NRC and EPA," Chairman

Selin said. "Both agencies are charged with important

responsibilities to protect the public and the environment.

Working together, I am confident that we will do an effective and

efficient job of carrying out our respective mandates."

The Nuclear Regulatory Commission is responsible for the

overall regulation of civilian uses of nuclear materials in the

U.S. EPA is responsible for developing generally applicable

environmental radiation standards for certain facilities or

materials licensed by the NRC.

The Memorandum of Understanding establishes a basic

framework for the two agencies to resolve issues of concern that

relate to regulation of radiation in the environment. It sets

forth the principles and procedures for, among other things,

avoiding unnecessary duplication of regulatory requirements and

focusing priorities on the most significant safety and

environmental problems.

A copy of the Memorandum of Understanding is attached.

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Attachment
GUIDING PRINCIPLES FOR EPA/NRC COOPERATION AND DECISIONMAKING

Introduction

The Environmental Protection Agency (EPA) and the Nuclear

Regulatory Commission (NRC), in recognition of a mutual

commitment to the effective and efficient protection of public

health and safety and the environment, have developed this

Memorandum of Understanding in order to establish a basic

framework within which EPA and NRC will endeavor to resolve

issues of concern to both agencies that relate to the regulation

of radionuclides in the environment.

Goal

The goal of this Memorandum of Understanding is to foster

cooperation in fulfilling the responsibilities of each agency to

ensure protection of the public health and safety and the

environment in accordance with existing agency responsibilities

and authorities.

Principles

EPA and NRC, in carrying out the respective responsibilities of

the two agencies in the regulation of radionuclides, will strive

to:

1. Base regulatory decisions on a determination that such

actions will result in a substantial reduction of

significant risk to the public health and safety and

the environment, and in making such decisions consider,

to the extent permitted by law, the importance of the

risk reductions to be achieved when compared to other

radiological risks already subject to existing

regulations, the overall economic impact on NRC

licensees of additional regulatory requirements to

achieve such reductions, and pursue the most efficient,

cost-effective course in the regulation of those

licensees.

2. Focus agency priorities on those significant safety and

environmental problems subject to the authority of both

agencies that offer the greatest potential for

substantial risk reduction;

3. Avoid unnecessary duplicative or piecemeal regulatory

requirements for NRC licensees, consistent with the

legal responsibilities of the two agencies, and ensure

that standards and regulations, when issued, can be

effectively implemented; and
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4. Effectively and responsibly carry out the provisions of

Reorganization Plan No. 3 of 1970. Under the Plan, EPA

issues generally applicable environmental limits on

radiation exposure or levels, or concentrations or

quantities of radioactive materials, in the general

environment outside the boundaries of locations under

the control of persons possessing or using radioactive

materials, and NRC implements these standards by the

use of its licensing and regulatory authority.

Implementation Guidance

A. Scope

For certain facilities or materials licensed or regulated by the

NRC, EPA is required by statute to develop environmental

standards for radionuclides which are applicable directly to NRCregulated facilities or materials. For example, EPA is required

to develop generally applicable environmental standards for

offsite releases from radioactive material in high-level waste

repositories under the Nuclear Waste Policy Act. For other

program activities, such standards are authorized but, depending

sometimes on the circumstances, are not legally required. With

the exception of Section C, below, this Memorandum of

Understanding is intended to address issues associated with both

types of standards. Section C applies according to its terms

where EPA standards are not legally mandated. This MOU does not

apply to matters arising under RCRA or CERCLA.

B. General

Each agency will keep the other generally informed of its

relevant plans and schedules regarding such activities, 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 anticipated problems

with regard to implemen-tation and consistency with other program

activities.

Each agency will deal with the other in a spirit of cooperation

to achieve the goals of this Memorandum of Understanding. Agency

management will endeavor, to the maximum possible extent, to

resolve informally and in a timely manner those differences

identified as a result of the procedures contained in this

Memorandum of Understanding. If differences cannot be resolved,

the respective General Counsels of each agency will arrange for

the matter to be presented by the necessary parties to the heads

of both agencies for resolution.
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Each agency will keep the other fully informed of its priorities

for the development of regulations and will endeavor to develop a

common understanding of the priorities and schedules for

resolution, with the highest priorities accorded to initiatives

which offer the greatest potential for significant risk

reduction.

If both agencies agree, in accordance with these principles and

guidance, that duplicative regulation in a particular area is

undesirable, but nevertheless is required by law, then the

agencies will cooperate in considering and, if appropriate,

supporting legislative changes.

C. Governing Criteria and Procedures

This Section applies to the issuance of regulations for releases

applicable to NRC regulated facilities or activities for releases

into the environment of source, byproduct or special nuclear

materials under the Clean Air Act. It also applies to the

issuance of such regulations under the Atomic Energy Act and

other provisions of law which may give rise to duplication of

effort and overlapping regulation of NRC regulated facilities or

activities, but only to the extent issuance of such standards is

authorized but not legally mandated. Subject to the above, EPA

and NRC agree as follows:

1. Criteria

ˇ EPA's decisions not to impose emission

standards for hazardous air pollutants under

the Clean Air Act for NRC licensed materials

or facilities will, in accordance with

112(d)(9) of the Clean Air Act, be based upon

a determination that NRC's regulatory program

provides an ample margin of safety to protect

the public health. Similarly, EPA's

decisions to impose or not impose other

regulations regarding NRC licensed materials

or facilities will be based upon a

determination as to whether NRC's regulatory

program achieves a sufficient level of

protection of the public health and

environment. This determination may be

influenced by particular risk reduction or

risk prevention goals being pursued and this

Memorandum of Understanding does not reflect

agreement on such goals at this time.

Ideally, agreement on risk reduction or

prevention goals for radionuclides will be

reached pursuant to paragraph D. below but in

a particular case where EPA and NRC cannot
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agree on such goals, this Memorandum of

Understanding is without prejudice to EPA

deciding to proceed with regulation, without

NRC concurrence, based upon an EPA inability

to find that NRC's program provides a

sufficient level of protection.

ˇ EPA and NRC will jointly seek to minimize unnecessary duplication of effort and overlapping regulation of NRC-licensed materials

and facilities.

2. Procedures: In developing regulations in accordance with

its authorities, if EPA, after finding that NRC's regulatory

program fails to provide a sufficient level of protection of

the public health and safety or the environment, identifies

an area where it believes that EPA regulation applicable to

NRC licensees regarding radionuclides may be necessary, EPA

will, before developing and proposing rules in the Federal

Register, informally and promptly inform the NRC of the

basis for its position. If NRC believes that such direct

regulation of its licensees by EPA is unnecessary, the two

agencies will endeavor to resolve any issues, including

consideration of information from NRC regarding the level of

protection achieved by NRC regulatory programs and any

necessary modifications to NRC's regulatory program, so that

duplicative regulation and implementation are avoided.

Decisions rendered pursuant to this paragraph will fully

consider the implementation of existing regulatory programs

in assessing the level of protection being achieved by

regulated facilities. Final EPA conclusions on whether EPA

will impose regulations applicable to NRC-licensed materials

or facilities, and final NRC conclusions on whether NRC will

develop modifications to its program, will be accomplished

in a public process based upon a full and public record.

Any decision made pursuant to this memorandum is subject to

review and modification based upon actual experience with

its implementation.

Similarly, if NRC undertakes the development of new regulations that would affect the level of protection of public

health and safety and the environment related to an area

where EPA has authority to issue regulations applicable to

NRC licensees, or if NRC undertakes any rulemaking or other

regulatory activity to fulfill its agreements made pursuant

to this Memorandum of Understanding, NRC will promptly and

informally notify and consult with EPA before developing and

proposing rules in the Federal Register, and before any

final decision by the Commission on the proposal.
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Where either agency is developing new regulations for

radionuclides in an area not covered by an existing

regulatory program, the agencies will, before proposing new

regulations, consult concerning what the proper division of

responsibility should be.

D. Risk Assessment

In carrying out this Memorandum of Understanding, the agencies

will actively explore ways to harmonize risk goals and will

cooperate in developing a mutually agreeable approach to risk

assessment methodologies for radionuclides.

E. Other Provisions

1. Nothing in this Memorandum of Understanding limits the

authority of either agency to exercise independently

its authorities with regard to matters that are the

subject of this Memorandum of Understanding.

2. Nothing in this Memorandum of Understanding 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 a

failure to act.

3. This Memorandum of Understanding will remain in effect

until terminated by the written notice of either party

submitted six months in advance of termination.

/s/ Ivan Selin /s/ William K. Reilly

Ivan Selin, Chairman William K. Reilly,

U. S. Nuclear Regulatory U. S. Environmental Protection

Commission Agency

3/16/92