-EXAMPLEMEMORANDUM OF UNDERSTANDING

STATE OF AND THE

U.S. NUCLEAR REGULATORY COMMISSION

1. Purpose

This Memorandum of Understanding (MOU) between the State of 

(hereafter the “State”) and the U.S. Nuclear Regulatory Commission (hereafter the “NRC”)

expresses the desire of the parties to cooperate in reducing or eliminating duplicative active

regulation and oversight of ground-water protection at in situ leach uranium extraction facilities

(hereafter “ISL facilities”). ISL facilities are both licensed by the NRC under authority of the

Atomic Energy Act of 1954, as amended, and permitted for Underground Injection Control

(hereafter “UIC”) by the State under the authority of the Safe Drinking Water Act, as amended,

as delegated by the U.S. Environmental Protection Agency (hereafter the “EPA”). This MOU is

intended to provide the basis by which the NRC will defer active regulation and oversight of

ground-water protection to the State at those licensed ISL facilities which the State exercises

regulation and oversight through its UIC permitting authority.

2. Background

Under sections 84,161, and 183 of the Atomic Energy Act of 1954, as amended, the

NRC is responsible for protecting public health, safety and the environment for the extraction,

concentration, processing, and possession of uranium and thorium as source material and the

management and disposal of wastes resulting from the extraction of uranium and thorium for its

source material content. The NRC implements its authority at ISL facilities by applicable

regulations in Title 10 Code of Federal Regulations (hereafter “10 CFR”) Part 40, including

applicable portions of Appendix A to 10 CFR Part 40; and applicable portions of 10 CFR Part

20. The NRC implements specific requirements, not contained in the regulations, by specific

license conditions as a means of fulfilling its responsibilities under the Atomic Energy Act of

1954, as amended. The NRC provides guidance for achieving compliance with requirements

through various Regulatory Guides and NUREG-1569, Standard Review Plan for In Situ Leach

Uranium Extraction License Applications (hereafter “NUREG-1569").

Ground-water protection at ISL facilities is one such area that the NRC regulates by

specific license conditions. These license conditions include: 1) prescribing the sampling and

analysis of specific radiological and non-radiological constituents in the groundwater; 2) setting

numerical standards of those constituents for protecting ground-water quality; 3) prescribing

specific placement, construction, and sampling frequency of monitoring wells; 4) prescribing 

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specific corrective action measures if exceedances are determined; and 5) requiring restoration

of ground-water quality of economically depleted portions of the uranium ore zones to specific

ground-water quality standards. The NRC conducts routine periodic inspection of the ISL

facilities to assure compliance with regulatory and license requirements.

The State is responsible for ground-water protection at ISL facilities under authority of

sections [State Legislative Citation]. The State issues permits for underground injection

control at ISL facilities under authority delegated by the EPA pursuant to sections 1421 et seq.

of the Safe Drinking Water Act , as amended. The State UIC permits include: 1) prescribing

the sampling and analysis of specific radiological and non-radiological constituents in the

groundwater; 2) setting numerical standards of those constituents for protecting ground-water

quality; 3) prescribing specific placement, construction, and sampling frequency of monitoring

wells; 4) prescribing specific corrective action measures if exceedances are determined; and 5)

requiring restoration of ground-water quality of economically depleted portions of the uranium

ore zones to specific ground-water quality standards. The State conducts routine periodic

inspection of the ISL facilities to assure compliance with regulatory and permit requirements. 

The State provides guidance for achieving compliance through various documents such as: [list

State Guidance Documents].

The EPA performs a policy guidance and oversight role to the EPA-authorized State. 

The EPA provides consultation and coordination with the NRC on matters of ground-water

protection at ISL facilities.

3. Principles of Cooperation

A. The NRC concludes that the State program for ground-water protection at ISL facilities

provides adequate protection of public health, safety, and the environment equivalent to

the NRC program. Accordingly, in light of the State’s authority and State actions and in

the interest of minimizing duplication of government efforts and reducing regulatory

burden on the licensed/permitted entities, the NRC is exercising its regulatory discretion

and defering active regulation of ground-water protection at ISL facilities within the State

of , as long as the State is able to provide at least an equivalent level of

protection for public health, safety and the environment as the ground-water protection

program established by the NRC.

B. However, the NRC will retain active regulation and oversight for the following groundwater areas where the State program does not provide at least the same level protection

as the NRC program: [List Programmatic Areas]
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C. In addition, the NRC will retain active regulation and oversight for the uranium

processing facilities, control of source material, and management and disposal of

discrete surface wastes classified as 11e.(2) byproduct material, which include wastes

generated from the restoration of ground-water.

D. The NRC and the State will continue to work cooperatively for the issuance of a single

financial assurance instrument to meet NRC’s responsibilities under section 161x. of the

Atomic Energy Act of 1954, as amended.

E. Notwithstanding the above deferral, nothing in this MOU is intended to restrict or extend

the constitutional or statutory authority of either the NRC or the State or to affect or vary

the terms of future agreement between the State and the NRC under section 274b. of

the Atomic Energy Act of 1954, as amended.

4. Implementation

A. Subject to condition 3. B. above, upon execution of this MOU, the NRC will amend the

existing ISL licenses for facilities in the State and will not impose specific license

conditions for ground-water protection and the NRC will not impose specific license

conditions for ground-water protection upon issuing licenses for new ISL facilities or

renewing existing ISL licenses.

B. The NRC will defer enforcement of ground-water protection requirements to the State

except as noted in condition 3.B above.

C. The State shall provide NRC with copies of all permits and inspection reports involving

ground-water protection at ISL facilities.

D. The State shall notify NRC of any significant change to its ground-water protection

program.

E. The State shall allow the NRC full access to State files and records involving groundwater protection at ISL facilities and make appropriate State staff available to NRC staff

for the purpose of reviewing applications for termination of NRC licenses, and for the

purpose of determining whether this agreement should be continued, amended, or

terminated. In that regard, the State agrees that the NRC may review its ground-water

protection program as necessary, including periodic reviews and in response to petitions

submitted under 10 CFR 2.206 of he Commission’s regulations, to determine whether

the program and its implementation remains equivalent to the NRC’s program.
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F. The NRC shall re-instate active regulation of ground-water protection at ISL facilities

within the State if: 1) the State’s EPA authorization for UIC permitting is rescinded; 2)

the State is not providing an equivalent level of protection for public health, safety, and

environment and the State has not taken remedial action to remedy the matter within a

reasonable time; 3) at the request of an ISL licensee; or 4) if this agreement is

terminated.

G. The State shall notify the NRC if EPA has notified the State that its EPA authorization

for UIC permitting is in jeopardy of recission. The State will also provide copies of any

EPA evaluation of its UIC permitting program and the associated State responses. The

NRC shall notify the State upon receiving any petitions submitted under 10 CFR 2.206

that could affect this MOU, or any licensee request to re-instate active regulation of

ground-water protection.

H. Allegations concerning ground water issues under this MOU will be referred to the State.

3. Points of Contact

The NRC principal contact under this MOU shall be the Director of the Office of Nuclear

Material Safety and Safeguards or his or her designee. The principal State contact shall be the

Director of the or his or her designee.

4. Amendment and Termination 

This MOU may be amended or modified upon written agreement by both parties to the

MOU, and may be terminated by either party upon 60 days of written notice.
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5. Effective Date

 This MOU shall take effect upon signing by the Governor of the State of and

the Chairman of the U.S. Nuclear Regulatory Commission.

 For the State of .

 Date at , this Day of , 20 .

 

 Governor.

 For the United States Nuclear Regulatory Commission.

 Date at , this Day of , 20 .

 

 Chairman.