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:Yenorandurn of Understanding

Between Region Vi of

, h '.. Environmental Prot.ection Agency anto t .,

'he J.S. ?uleblar Regulatory Commission

for Re:.eciidL .1 WI at the UWC-C.I:urChrock Uranilum l!,1 I

In tchnley County, 'few Mexico

I. ~URPCSv

This document establishes the roles, responsibilities, and relationship between Region VI of the U.S. Environmental Protection Agency ("EPA")

andI the U.S. Nuclear Regulatory Commission ("NRC"), hereinafter collectively

referred to as the "Parties," regarding remedial action at the UNC-Churchrock

uranium nill in McKinley County, New Mexico. The Parties have overlapping

authority in connection with this site, and this Memorandum of Understanding'

("HOU") will help assure that remedial actions occur in a timely and effective

manner.

II. BASIS FOR AGREEMEnr

d;5p0.mL --,?, NRC will assume the role of lead regulatory agency for eft--t-etA rec amation and closure activitY and EPA will monitor all such activities

and provide rr-iew and comments directly to NRC. The objective of EPA 's

review and co t will be to assure that activities to be conducted under

NIRC's regulator, euthority allow attainment of applicable or relevant

and appropriate requirements under the Comprehensive Environmental

Response Compensation and Liability Act of 1980, as amended ("CERCLA"), byproduct r disi re;,4.1

42 U.S.C. §9601 et seq outside of the esTric3ed A d 04r -2!:~ 

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PC will require the Licensee to 01aLain=4 + implement 1. site reclamation

amle.n Meet - the requirements of 10 rFR Part 40 Appendix A, as amended at

52 Fed.. Reg 433553 through 43568, "Uranium "ill Tailings Regulations;

1-ouLndwater Protection and other Issues," which conforms with the EPA 40 I

Cr'- !c, Subpart 0. EPA developmcnt and implementation of its own rermTdfrl

action p s for groundwater contamination will be conducted in accordance w

with CERCLA and the National Oil dnd Hazardous Substances Contingency

Pldn ("UCP") 40 CFR Section 300 including any revisions thereto. IThe EPA

dna 'VRC believe that conformance with 10 CFR Part 40, Appendix A,'will

generally assure conformance with CERCLA requirements. However, each

Party will be responsible for assuring compliance with it's specific

regyldtory requirements as discussed in this section. The parties

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believe that the U.S. Department of Energy or"other responsible State or _

Feder3l authority will assume responsibility for long-term care ofea 4-i 4A

milling Feei+ty, following remediation

of the site.

11. .9ACKGROUND

The State of New Mexico was responsible as an "Agreement State" for

licensing and regulating uranium mills within the State until June 1,

198k, at which time the NRC resumed this authority at the request of the

Governor of New Mexico. Prior to this change, EPA had placed the UNCChurchrock site on the National Priority List ("NPL") of sites for response

action under CERCLA. EPA's policy is to list only those uranium mills

meeting criteria for placement on the NPL which are located in Agreement

States, that is 1 tates which have entered into agreements with the NRC

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pur-,uant to Section 274 of the Atomic Energy Act of 1954, as amended, to

rteguiate certain nuclear activities in a manner compatible with the NRC's

prugraml. Mills in states where NRC has licensing authority have not

)een p;kced on the list. Although thes Mexico is no longer an Agreempren:

;tate insofar as uranium recovery operations dre concerned and the 14RC

has primary jurisdiction, the site was properly placed on the NPL dnd the

rhysical conditions resulting In that placement are still present.

Therefore, EPA has no intention of recommending delisting the site from

the NPL until all authorized EPA and ARC controlled remedial activities,

addressing releases or threats thereof, at this facility are completed.

!V.. AGREEMENT

In order to achieve satisfactory cleanup of the UNC site, the

NRC and the EPA agree to do the following:

1. The Parties shall cooperate with each other in the oversight

of reclamation and remedial activt at the UNC site.

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2. Upon submittal by UNC of a 'iBn site reclamation plan

("the plan"), NRC and EPA will begin concurrent reviews of the

proposed plan. EPA will review the plan and will provide

comments to the NRC. NRC will review and, if necessary, require

revisions to the plan to assure conformance to 10 CFR Part 40,

Appendix A, as amended, prior to approving the plan via license

amendments. If EPA cannot conclude that the plan approved by

NRC meets CERCLA requirements, then EPA may initiate separate
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actions as may be necessary to ensure conformance with.CERCLA

requirements. NRC will not approve any components of the

groundwater protection and recovery aspects of tn* UNC reclamation plan until EPA has deterriried, in a Record oet

Decision orAreview of the UNC plan, that it is consistent with

CERCLA requirements and/or rean2dial actions required under

djocj "04 ,; i +o Apoe ar" SPOc;4';, OfZ5A CERCLA. URC w444-o -arfe-'~e UNC'groundwater protection

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and recovery actions contained in UtNC's ulan until such time

as any inconsistencies have been resolved. If remedial action

is determined in a Record of Decision to be necessary, EPA

intends to either enter into a Consent Decree with UNC under

which UNC will conduct, with EPA oversight, remedial actions

equal to or exceeding those outlined in an EPA Record of

Decision, to take appropriate enforcement action, or perform

remedial action itself pursuant to Section 104 of CERCLA,

reserving all rights to seek cost recovery under Section 107

of CERCLA. Such actions may be conducted as part of the NRC's

approval of the UNC plan tor separately; but in any event

EPA intends to coordinate its actions first with the NRC.

3. If either Party determines that remedial actions are deficient

or unsatisfactory, then that Party shall provide notice to

the other Party of the deficiency. The NRC shall assume the

lead role for notification to UNC, except for such

notification as EPA might statutorily be required to provide

in certain events. The notification shall specify a time

period in which regulatory compliance is expected to be

achieved. Should compliance not be achieved in this time
period, EPA will assume the lead for taking or seaking any

enforcement action necessary far off-site groundodter and t*C

wifl assume the ead for any other enforcement actions necesesry

within its area of regulatory responsibility. 2cth Par'Jes

reserve 31a rights under this MOU to take whatever actiois

are determined to be necessary, including the conduct of

remedial actions on and off-site in order to fulfill their

regulatory requirements. In any event no action will be

taken by either oarty without prior consultation with the

other Party.

4. Both Parties shall appoint a facility coordinator who shall

be responsible for oversight of the implementation of the MOU

and the activities required herein. The facility coordinators

shall be appointed by each Party with seven (7) days of the

effective date of this MOU. The Parties each have the right

to appoint a new facility coordinator at any time. Such

change shall be accomplished by notifying the Party, in writing,

at least five (5) days prior to the appointment of the name,

telephone number, and mailing address of said facility coordinator.

5. The Parties will meet periodically at the request of either

Party and at least semiannually insofar as it is necessary to

accomplish the objectives of the MOU. The facility coordinators

should communicate with each other on a routine basis by

telephone.

6. The Parties will provide technical advice and any necessary

regulatory consultation to one another upon request.
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7. The Parties wili .,enerally provide each other with conies of

ll cffj::iel co r-spondence and documents related to ricodiial

actions at the Eite. The Parties will also normally provide

opiW s of rther iformatf{n upon request. In the event that

one uf t.le partiet does not wish to furnish certain specific

inforr.dtion, documents, or correspondence to the other. then

said material shb1l he identified to the other party alone

with the reasons for withholding it.

8. Whenever notice or information is required to be forwarded by

one party to another undec the terms of this MOU, it shall be

given by and directed to the individuals at the addresses specified

below:

ErA: Allyn to. Davis, Director

Hazardous Waste Management Division

Region VI, U.S. EPA

1445 Ross Ave.

Dallas, Texas 75202

NRC: Dale Smith, Director

Uranium Recovery Field Office

U.S. Nuclear Regulatory Commission

P.O. Box 25325

Denver, Colorado 80225

9. Routine communications may be exchanged verbally, in person,

or by telephone between the Parties to facilitate the orderly

conduct of work contemplated by this MOU.

10. Enforcement documentation provided under this MOU will be kept as

exempt material by EPA and IRC, to the extent legally possible,

according to the policies and procedures under 40 CFR Part 2

and 10 CFR Part 2.790, respectively.
V. AGENCY RESPONSIBILITIES

A. NRC responsibilities

1. The ARC will require the owners/operators of the UNC Churchrock

mill (UNC) to f wee-ei implement an 'on-site reclamation plan

that meets all relevant NRC requirements, including 10 CFR

Part 40, as amended. If any such plan is not complied with

by UNC, NRC will take whatever actions it deems appropriate to

ensure compliance.

2. The NRC will direct UNC to provide both parties with copies of

major work product submittals as they become available. Such work

products will include, but not be.limited to, an adequate overall

reclamation plan, and any other plans and specifications for

assessment, remediation, and monitoring, including all analytical

data.

3. The NRC agrees to provide progress reports on UNC remediation on

a quarterly basis.

4. The NRC will assist in the development of information to support

EPA's deletion of the site from the NPL upon completion of the

remedial action.

5. The NRC shall notify EPA of all pending visits to the Churchrock

property which relate to the site closure plan and shall afford

EPA and its consultants opportunity to accompany NRC personnel on

such visits.
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'. EPA RESPONSIBILITIES

I. EPA will provide formalized review, consultation and cormrent

throughout the entire project.

2. EPA will review and provide cornents on the site reclamrration oian,

and other associated deliverables, within timeframes as agreed to

between NRC and EPP,. 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,

(AoD)

and Record of Decision directed at off-site groundwater contamination,

with the intention of completing this process by to 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

remedy 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

c o do %CA Mecot a r nd to n te RO em4c

_Rp4ct- d-*rea needed to implement the ROD remedy.
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.:. DISPUTE RESOLUTION

In the event of dispute between EPA and the NRC concerning site

ractivities, the persons designated by each Agency as primary or, in their

dlbsence, alternate contact points will attlerpt to promptly resolve such

,'dsputes. if disputes cannot he resolved at this level, the problein will

be referred to the supervisors of these persons for further consultation.

lre supervisory referral and resolution process will continue, if necessary

tc resolve the dispute, to the level of the Regional Administrators of

the NRC and EPA. Both Parties shall continue to maintain their respective

rights or responsibilites under the MOU during the dispute resolution

process.

VI[. EXFCUTION AND MODIFICATION

This agreement shall take effect upon execution by EPA and the

N.RC. It shall remain in effect for the duration of the program addressec

herein unless terminated by mutual agreement by the two Agencies; or, the

-MOIJ may be terminated unilaterally if any of the conditions set forth

below are present.

1. The planning or conduct of 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.

D. The site i. 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 wh.ich make this MOU

unnecessary, illegal, or otherwise inappropriate.
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V MOD. , !CA CArTo.!

'he Parties may modify this. !VOI firon time to time irt order tc

.i:nP .y ,ant, or define the proci,~curets rontai.ed ;1erin. Earh Party shall

enp :ne ot;her .;nforrned of any relevAnt prouoved modifications to its

')i5t Vt.1ttj-r)- ,r regulacory at?'.;oritv, for,.,s, rrocedures, nr privrit:nt

MU `is sha) d, be revised, as necessary, by t:ie adoption of such modific:.tions. The MOU should be reviewed on an annual Dasis by both the Director-

';,rO, NRC, and the Director-Hazardous Waste Management Division, Region VI,

E"^A cr their designated representatives.

IX. RESERVATION OF RIGHTS

The Parties reserve any and all rights or authority that they

-idy have, including but not limited to legal, equitable, or administrative

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ri-hts. This specifically includes, .-Mitnut iat4onb-EPA's authority

t) conduct, direct, oversee, and/or require environmental response in

.rinection with the site, as well as the authority to enter the site and

roi';uire the production of information. a;.1. < t.li of A reeieJi

txncuted and agreed to:

8ul,,rt 0. Mart Date

Reg ional Admi!;:r..

U.S. 'iuclear 'e t:,t y :

Region IV, ; n

Ro*1,- rt E. Layton Jr., P.E; Date

Regional Adminis -itor

U.'. Environmental Protection Agency

Region VI, Dallas, Texat