September 8, 2004

Dr. Diane Henshel

Associate Professor, Indiana University

1315 E 10th #340

Bloomington, IN 47405

SUBJECT: RESPONSE TO LETTER REQUESTING THAT EPA AND NRC AMEND THEIR

CURRENT MEMORANDUM OF UNDERSTANDING

Dear Dr. Henshel:

I am responding to your letter dated July 30, 2004, in which you request that EPA and NRC

amend their current Memorandum of Understanding (MOU) with regard to uranium and other

radiological elements that have toxicological as well as radiological bioactive properties. 

Specifically, you wish to obtain clarification of the regulatory oversight situation for the

decommissioning of Jefferson Proving Ground (JPG). You state: “We believe that once the

EPA and NRC have clearly declared that EPA and the state agencies have oversight over all

non-radiological aspects of environmental depleted uranium, more effort will be made to

develop guidance to address what is now becoming a more common situation: chronic, low

dose civilian exposure to DU and other less radiologically potent radioactive heavy metals. A

new or revised MOU between EPA and NRC will thus help all affected citizens’ groups, will help

clarify the regulatory oversight situation, and may help the EPA and state agencies realize that

they must develop more extensive guidance for DU (and other radionuclides) based on their

heavy metal-based toxicological potential.”

We feel that the current MOU adequately addresses the roles of both NRC and EPA. The

MOU states: “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. 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.” Note that MCL in this quote stands for Maximum Contaminate Level.

In the case of JPG, the Army has proposed to decommission with restricted release which is

one of the “consultation triggers” of the MOU. In addition to discussing the radiological

significance of the proposed restricted release of JPG, NRC will also consult with EPA about

the toxicity and other non-radiological issues associated with the heavy metal properties of the

depleted uranium at the site.
D. Henshel -2-

A copy of the MOU between NRC and EPA can be accessed at NRC’s web site. If you have

any further questions, please call me at 301-415-5869.

Sincerely,

/RA/

Tom McLaughlin

Materials Decommissioning Section

Division of Waste Management 

 and Environmental Protection

Office of Nuclear Material Safety

 and Safeguards

Docket No.: 040-08838

License No.: SUB-1435
D. Henshel -2-

A copy of the MOU between NRC and EPA can be accessed at NRC’s web site. If you have

any further questions, please call me at 301-415-5869.

Sincerely,

/RA/

Tom McLaughlin

Materials Decommissioning Section

Division of Waste Management 

 and Environmental Protection

Office of Nuclear Material Safety

 and Safeguards

Docket No.: 040-08838

License No.: SUB-1435

cc: JPG Distribution List

AN - ML042450576 NMSS Template - 010 Ticket No. - DECD-0024

This document should /x/ should not / / be made available to the PUBLIC / /04

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DATE 9/2/04 9/8/04

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