MEMORANDA OF UNDERSTANDING

consultants opportunity to accompany

NRC personnel on such visits.

B. EPA Responsibilities

1. EPA will provide formalized review.

consultation and comment throughout the entire project

2. EPA will review and provide

comments on the site reclamation plan;

and other associated deliverables,

within timeframes as agreed to between

NRC and EPA. In the event that EPA

determines that the implementation of

the site reclamation plan has not

resulted in. or may not result In. cleanup

conditions that meet applicable or

relevant and appropriate requirements under CERCLA, then EPA may take

whatever action it deems appropriate.

3. EPA intends to pursue and complete

a Remedial Investigation and Feasibility

Study. public comment and agency

response process, and Record of

Decision (ROD) directed at off-site

groundwater contamination, with the

intention of completing this process by October 1. 1988. EPA intends to

implement. or require UNC or other

potentially responsible parties to

implement, any EPA selected remedial

actions set forth in a ROD. Any remedial

actions conducted by UNC or other

potentially responsible parties to

implement an EPA selected remcdy will

be done under EPA oversight and in

accordance with the terms of any

Consent Decree entered into with EPA.

EPA intends that any such Consent

Decree would cover actions outside the

byproduct material disposal site needed

to implement the ROD remedy.

VI. Dispute Resolution

In the event of dispute between EPA

and the NRC concerning site activities,

the persons designated by each Agency

as primary or, in their absence, altemate

contact points will attempt to promptly resolve such disputes. If disputes cannot

be resolved at this level, the problem

will be referred to the supervisors of

these persons for further consultation.

The supervisory referral and resolution

process will continue. if necessary to

resolve the dispute. to the level of the

Regional Administrators of the NRC and

EPA.

Both Partfes shall continue to

maintain their respective rights cr

responsibilities under the MOU during

the dispute resolution process.

VI. Execution and Modification

This agreement shall take effect upon

execution by EPA and the NRC. It shall

remain in effect for the duration of the

program addressed herein unless

terminated by mutual agreement by the

two Agencies; or. the MOU may be

terminated unilaterally if any of the

conditions set forth below are present. 1. The planning or conduct of

groundwater cleanup actions fail to

meet standards set forth in the Basis for

Agreement (Section 11) of this MOU.

2. The site Is deleted from the NPL

3. The site is turned over to the

Department of Energy or other

responsible State or Federal authority for long term care.

4. Regulatory. Statutory, or other

events occur which make this MOU

unnecessary, illegal, or otherwise

inappropriate.

VIII Modification

The Parties may modify this MOU

from time to time in order to simplify and/or define the procedures contained

herein. Each Party shall keep the other

Informed of any relevant proposed modifications to its basic statutory or

regulatory authority. forms, procedures.

or priorities. This MOU shall be revised.

as necessary. by the adoption of such

modifications. The MOU should be

reviewed on an annual basis by both the

Director-URFO. Region IV. NRC, and the

Director-Hazardcus Waste Management Division, Region VI, EPA or their

designated representatives.

IX. Reservation of Rights

The Parties reserve anv and all rights

or authority that they may have.

including but not limited to legal,

equitable, or administrative rights. This

specifically includes EPA's and NRCc

authority to conduct, direct. oversee.

and/or require environmental response

in connection with the site, as well as

the authority to enter the site and

require the production of information,

within each of their own areas of

responsibility.

Executed and agreed to:

Dated: August 2Z 1988.

Robert D. Martin.

RegionolAdmninistrator. U.S. Nuclear

Regulatory Commission. Region IV.

Arlinglon. Texas.

Dated: August 26.1988.

Robert E. Layton, Jr.. P£,

Regiono!Adminisfrutor. U.S Environmental

Protection Agency, Region VI. Dallos. Texas.

53 FR 43950

Published 10/31/88

DEPARTMENT OF LABOR

Occutpational Safety and HealIth

Administration

NUCLEAR REGULATORY

COMMISSION

Memorandum of Understanding

Between The Nuclear Regulatory

Commission and the Occupational

Safety ad Healtl Adminislration;

Worker Protectlon at NRC-licensed -

Facilities

The Nuclear Regulatory Commission

(NRC) and the Occupational Safety and

Health Admlnistration (OSHA) have

entered into a Memorandum of

Understanding (MOU) to provide

general guidelines for interface activities

between the two agencies. The MOU is

designed to ensure that there will be no

gaps in the protection of workers at

NRC-licensed facilities where the OSHA

also has health and safety jurisdiction.

At the same time, the MOU is designed

to avoid duplication of effort on the part

of the two agencies in those cases where

it is not always practical to sharply

Identify boundaries between the NRC's

responsibilities for nuclear safety and

the OSHA's responsibilities for

industrial safety.

The MOU, which replaces an existing

procedure for interagency activities.

defines the general areas of

responsibilities of both agencies,

describes generally the efforts-of each to

achieve worker protection at NRClicensed facilities, and provides general procedures for the coordination of

interface activities and exchange of

information between the NRC and

OSA. The text of the MOU Is set out

below.

Purpose and Background

1. The purpose of this Memorandum of

Understanding between the U.S. Nuclear

Regu!atory Commission (NRC) and the

Occupational Safety and Health

Administration (OSHA) Is to delineate

the general areas of responsibility of

each agency: to describe generally the

efforts of the agencies to achieve worker

protection at facilities licensed by the

NRC: and to provide guidelines for

coordination of interface activities

between the two agencies. If NRC

licenses observe OSHA's standards and

regulations, this will help minimize

workplace hazards.

2. Both NRC and OSHA have

Jurisdiction over occupational safety and health at NRC-licensed facilities.

Because It is not always practical to

sharply identify boundaries between the

nuclear and radiological safety NRC

regulates and the industrial safety

OSHA regulates, a coordinated

interagency effort can ensure against

gaps in the protection of workers and at

the same time, avoid duplication of

effort. This memorandum replaces an

existing procedure for interagency activities. "General Guidelines for

Interface Activities between the NRC

Regional Offices and the OSHA.

Hazards Associated With Nuclear

Facilities

3. There are four kinds of hazerds that

may be associated vith NSRC-licensed

nuclear facilities:

a. Radiation risk produced by

radioactive materials;

b. Chemical risk produced by radioactive materials;

MU-45 March 31, 1999
MEMORANDA OF UNDERSTANDING

c. Plant conditions which affect the

safety of radioactive materials and lhus

present an increased radiation risk to

workers. For example, these might

produce a fire or an explosion. and

thereby cause a release of radioactive

materials or an unsafe reactor condition;

and.

d. Plant conditions which result in an

occupational risk. but do not affect the

safety of licensed radioactive materials.

For example, there might be exposure to

toxic nonradioactive materials and other

industrial hazards in the worlplace.

Generally. NRC covers the first three

hazards listed in paragraph 3 (a. b. and

c), and OSHA covers the ourth hazard

described in paragraph 3 (d). NRC and

OSHA responsibilities and actions are

described more fully in paragraphs 4

and 5 below.

NRC Responsibilities

4. NRC Is responsible for licensing and

regulating nuclear facilities and

materials and for conducting research in

support of the licensing and regulatory

process. as mandated by the Atomic

Energy Act of 1954, as amended; the

Energy Reorganization Act of 1974. as

amended: and the Nuclear

Nonproliferation Act of 1978; and in

accordance with te National

Environmenta! Policy Act of 1959. as

amended. and other applicable statutes.

These NRC responsibilities cover the

first three nuclear facilitv hazards

identified in paragraph 3 (a. b. c). NRC

does not have statutory authority for the

fourth hazard described in paragraph 3

(d).

NRC responsibilities include

protecting public health and safety:

protecting the environment: protecting

and safeguarding materials and p!ants

in the interest of national security; and

assuring conformity with antitrust laws

for certain types of facilities. e.g..

nuclear power reactors. Agency

functions are performed through:

Standards-setting and rulemaking:

technical reviews and studies- conduct

of public hearings, issuance of

authorizations, permits and licenses;

inspection, investigation and

enforcement: evaluation of operating

experience, and confirmatory research.

OSHA Responsibilities

5. OSHA is responsible for

administering the requirements established under the Occupational

Safety and Health Act (OSHA Act) (29

U.S.C. 651 et seq.), which was enacted in

1970. OSHA's authority to engage in the

kinds of activities described below does

not apply to those workplace safety and

health conditions for which other

Federal agencies exercise statutory authority to prescribe and enforce

standards, rules or regulations.

Under the OSH Act, every employer

has a general duty to furnish each

employee with a place of employment that is free from recogaized hazards that

can cause death or serious physical

harm and to comply with all OSHA

standards, rutes, and regulations. OSHA standards contain

requirements designed to protect

employees against workplace hazards.

In general. safety standards are

intended to protect against traumatic

injury. while health standards are

designed to address potential

overexposure to toxic substances and

harmful phvsical agents. and protect against illnesses which do not manifest

th;eaiselves for many years after initial

exposure.

OSHA standards cover employee

exposures from all radiation sources not

reguiated by NRC. Examples include xray equipment, accelerators,

accelerator-produced materials, electron

microscopes and betatrons, and

naturally occurring r6dioactive

materials such as radium.

It is estimatei that te Act covers

nearly 6 millior workplaces employing

more than eIO mllion workers. Federal

OSHA. covers appi-cyimately threefifths, or !:.t; ijtion. of hese

workuiaces. Stetes which operate

OSH. -a ,overtd job safety and health

programs r Piens," cover the

rerrmainoer.

OS'-A State Plan States are

enccural d. but not recuired. to

deiineu:e their authority for

occupatouial safety and health at NRClicensed facilities in the same manner as

Federal OSHA.

The OSHA areas of responsibility

descnbed in this memorandum are

subject to all applicable requirements

and authorities of the OSH Act.

However. the industrial safety record at

NRC-licensed nuc!ear power plants s

such that OSHA inspections at these

facilities are conducted normally as a

result of accidents, fatalities, referrals.

or worker complaints.

Irterface Procedures

6. In recognition of the agencies'

authorities and responsibilities

enumerated above, the following procedures will be folluwed:

Although NRC does not conduct

inspections of industrial safety, in the

course of inspections of radiological and

nuclear safety. NRC personnel may

identify safety concems within the area

of OSHA responsibility or may receive

complaints from an employee about

OSHA-covered working conditions. In

such instances. NRC will bring the

matter to the attention of licensee

management. NRC inspectors are not to

perform the role of OSHA inspectors; however, they are to elevate OSHA

safety issues to the attention of NRC

Regional management when

appropriate. If significant safety

concems are identified or if the licensee

demonstrates a pattem of

unrespohsiveness to identified concerns,

the NRC Regional Office will inform the

appropriate OSHA Regional Office. In

the case of complaints. NRC will

withhold, from the licensee, the identity

of the employee. In addition, when

known to NRC, NRC will encourage

licensees to report to OSHA accidents

resulting in a fatality or multiple hosoitalizations.

When such instances occur within

OSHA State Plan States' jurisdiction. the Ol-HA Regional Office will refer the

matter to the State for appropriate

action.

7. OSHA Regional Offices will nfom

the appropriate NRC Regional Office of

matters which are in the purview of

NRC, when these come to their attention

during Federal or State safety and

health inspections or througn

complaints. The following are examples

of matters that would be reported to the

NRC 

a. Lax securitv control or work

practices that wou.d effe.t nuclear or

radiological health and skuierv.

b. Improver postinig of reaistion areas.

c. Licensee empioyee allegations of

NRC license or regulation violations.

8. The NRC and OSHA need not

normally conduct joint insDecrions at

NRC-licensed facilities. However, under

certain conditions, such as

investigations or specuons following

accidents or resulting from reported activities as discussed in items 6 and 7

above, it may be mutually agreed on a

case-by-case basis that joint

investigations are in the public interest.

9. The chemical processing of nuclear

materials at some NRC-licensed fuel and

materials facilities presents chemical

and nuclear operational safety hazards

which can best be evaluated by joint

NRC-OSHA team assessments. Each

agency will make its best efforts to

support such assessments at about 20

facilities once every five years. Of these

facilities, about one-third are in the

OSHA Plan States. OSHA will also

assist In promoting such participation by

State personnel in OSHA Plan States.

10. Based upon reports of injury or

complaints at nuclear power plant sites.

OSHA will provide NRC with

information on those sites where

increased management attention to

worker safety is needed. The NRC will

bring such information indicating

significant breakdown in worker safety

to the attenti6n of lcensee managemeit

and monitor corrective actjons. This will

not interfere with OSFA authority and

responsibility to investigate industrial

accidents and worker complaints.

March 31, 1999 MU-46
MEMORANDA OF UNDERSTANDING

11. Power reactor sites are inspected

by NRC Region-based and Resident

Inspectors. Personnel fron NRC

Regional Offices routinely conduct

insDections at most fuel and materials

licensed facilities. In order to enhance

the ability of NRC personnel to identify

safety matters under OSHA purview

during nuclear and radiological safety

inspections, OSHA will provide NPC

Regional personrnel with basic chemical

and industrial safety training and

indoctrination in OSHA safety

standards. consistent with ongoing

OSHA training programs. To enhance

the ability of OSHA and State Plan

personnel tu effectiveiy participate ir

the Opeational Safety Team

Assessments, NRC wiil provide training

in basic radiation safety reouir ements.

consstent with ongoing NRC trainiu;

programs. Detaiis of such training will

be as mutually agreed by the NRC

Teonnical Training Cenier and the

OSHA National Training Institute.

12. Resolution of policv issues

concernring agency jurisdiction and

operational relations will be

coordinated by the NRC Deputy

Executive Director for Operations. and

by the OSHA Director of Policy.

Appropriate Headquarters points of

contect will be established.

13. Resoluticn of issues concerning

insot-ction and enJorcement actinities

involving both NRC and OSHA

jurisdiction at NRC-licensed facilities

ill be hancled betwveen NRC's Office

of Enforcement and OSHA's Directorate

of Compliance Programs. Each NRC and

OSHA Regional Office will designate

points of c^ntact for carTying out

Lnterface activities.

For the Nuclear Regultory Commission.

Victor Stello. Jr..

Executive Director for Operc!ions.

Oc:ober 21.1988.

For the Occupational Safety and Heulth

Administration.

John A. Pendergrass.

Assiston' Secretor>.

53 FR 47279

Published 11/22/88

Comment period expires 12/22/88.

Memorandum of Understanding (MOU)

Between the NRC and the Illinois

Department of Nuclear Safety

AGENCY: Nuclear Regulatory

Commission.

ACTION: Publication of Draft

Subagreemen' No. 2 between NRC and

the Illinois Department of Nuclear

Safety.for public comment.

-SUMMARY: Sectton 274i. of the Atomic

Energy Act of 1954, as amended, allows

the Nuclear Regulatory Commission

(Commission or NRC) to enter into an

agreement with a State "to perform

inspections or other functions on a

cooperative basis as the Commisslon

deems appropriate." This section 274i.

agreement, typically in the form of a

Memorandum of Understanding MOU),

differs from an agreement between NRC

a-and State under the "Agreement

State" program; the latter Is

accomplished only by entering into an

agreement under section 274b. of the

Atomic Energy Act. A State can enter

into a section 2741. MOU whether or not

It has a section 274b. agreement.

In April of 1984, NRC and the State of

Illinois signed an "umbrella" MOU,

providing principles of cooperation

between the State and NRC In areas of

concem to both.

In June of 1984, NRC and the State of

Illinois signed Subagreement No. I

which provided the basis for mutually

agreeable procedures whereby the State

may perform inspection functions for

and on behalf of the Commission at

certain reactor and materials licensee's

facilities which generate low-level

radioactive waste.

Draft Subagreement No. 2 under this

MOU provides the basis for mutually

agreeable procedures whereby the

Illinois Department of Nuclear Safety

(IDNS) may perform inspection, audit.

and similar functions for nuclear power

plants together with and for and on

behalf of the Commission under a

program created pursuant to the

American Society of Mechanical

Engineers Boiler and Pressure Vessel

Code ASNE Code) and accepted by

NRC and INS. The Commission Is in

the process of finalizing the Policy

Statement on NRC cooperation with

States and the Subagreement may

require revisions, in order to conform to

the final Policy Statement.

DATE: Submit comments by December 22

1988. Comments received after this date

will be considered if it is practical to do

so, but assurance of consideration

cannot be given except as to comments

received on or before this date.

ADORESEE: Mail written comments to:

Regulatory Publications Branch,

Division of Frcedom of Information and

Publications Services, Office of

Administration and Resources

Management. U.S. Nuclear Regulatory Commission, Washington. DC 20555.

Deliver comments to 7920 Norfolk

Avenue. Bethesda. Maryland between

7:45 .m. and 415 p.m. weekdays except

Federal holidays. Copies of comments

received may be examined at the NRC

Public Document Rom at 2120 L Street,

NW.. Washington, DC lower level.

FOR FURTHER INFORMATION CONTACr.

Roland Lickus, Chief. State and

Goverrunent Affairs, U.S. Nuclear

Regulatory Commission. Region 111, 799

Roosevelt Road, Building 4, Glen Ellyn.

Illiuois, 0137, (312) 790-5666.

SUPPLEMENTARY INFORMATION: NRC

regulation (10 CFR 50.55a) requires the

application of the Boiler and Pressure

Vessel Code of the American Society of

Mechanical Engineers (ASME) Code to

certain pressure vessels, piping. pumps

and valves of nuclear power reactors.

As discussed more fully n the text of

the Subagreement which follows, a State

role Is contemplated in the ASME

system as It pertains to certain nuclear

power plant components. This

Subagreernent is intended to formalize

and define the manner In which the NRC

and the Illinois Department of Nuclear

Safety (IDNS) will cooperate in the

planning and conducting of ASME Code

related Inspections at nuclear power

plants in Illinois to ensure compliance

with NRC regulations. The objective of

the Subagreement Is to provide a

framework for IDNS to assist NRC in

performing safety inspections under 10

CFR 50.55a. The NRC will take

appropriate enforcement actions for

joint inspections conducted under this

Subagreement. Key features of the

Subagreement include provisions for (1)

ensuring IDNS's activities supplement

but do not duplicate the NRC's

activities (2) joint team inspections of

ASME related matters led by NRC; (3)

documentation by IDNS of its inspection efforts for inclusion Into the final NRC

inspection report; (4) availability of NRC

training for IDNS inspectors: and (5)

timely exchange of information between

NRC and IDNS.

Dated at Rockville, Maryland, this 15th day cf Novenber 1988.

For the Nuclear Regulatory Commission.

Victor SteDo, Jr..

E£ecutive Directorfor Operations.

Subagreement 2 Between the Nuclear

Regulatory Commission and the Illinois

Department of Nuclear Safety

J. Authority

The Nuclear Regulatory Comrrission

(NRC) and the Illinois Department of

Safety (IDNS) entered into this

Subagreement under the authority of the

Memorandum of Understanding (MOUI

of April 1984, between Illinois and NRC

(49 FR 20586; 5/1511984) and under

section 274i of the Atomic Energy Act of

1954. as amended.

I1. Background

A. NRC and ASME Code

1. The Atomic Energy Act of 1954. as

amended, and the Energy

Reorganization Act of 1974, as amended.

require the Nuclear Regulatory

Cormission (NRC) (previously the

Atomic Energy Cornission (AEC) to

license and regulate, among other

activities, the manufacture, construction.

and operation of utilization facilities

(nuclcar power plants) in order to assure

t.e common defense and security and to

MU-47 March 31, 1999