July 21, 2006

Mr. David L. Miesbach, P.G.

Ground Water Unit Supervisor

Water Quality Division

Nebraska Department of Environmental Quality 

Suite 400, The Atrium

1200 N Street 

Lincoln, NE 68509-8922

SUBJECT: MEMORANDUM OF UNDERSTANDING REGARDING REGULATION OF

GROUNDWATER PROTECTION AT IN SITU LEACH URANIUM EXTRACTION 

FACILITIES

Dear Mr. Chancellor:

The U.S. Nuclear Regulatory Commission (NRC) staff has been in periodic discussions with the

State of Wyoming, Land Quality Division staff over the last several years concerning the day-today regulation of groundwater at in situ leach (ISL) facilities. These discussions have centered

around the development of a Memorandum of Understanding (MOU) between the State and the

NRC that would defer active groundwater regulation to the State under the State’s underground

injection control (UIC) program. The MOU between the State and the NRC has not been

finalized due to policy issues that needed to be resolved by NRC.

The Commission has directed the NRC staff, in Staff Requirements Memorandum (SRM) -

COMJSM-06-0001, to develop a rulemaking effort specifically tailored to groundwater protection

programs at ISL facilities and focus on eliminating dual regulation by the NRC and the

Environmental Protection Agency (EPA) of groundwater protection. The NRC should retain its

jurisdiction over the wellfield and groundwater under its Atomic Energy Act authority, but should

defer active regulation of groundwater protection programs to the EPA or EPA-authorized

States through EPA’s UIC permit program. In this SRM, the Commission also directed the staff

to pursue an interim solution that could be implemented prior to promulgation of the final rule.

Part of the interim solution proposed by the Commission is to pursue a MOU with Nebraska and

Wyoming through which the States would agree to uphold current NRC regulation and license

conditions.

The NRC would like to initiate further discussions with you and your staff to continue to pursue

the groundwater MOU as an interim measure through which the State would agree to uphold

current NRC groundwater regulations and license conditions while the ISL rulemaking goes

forward. Please respond at your earliest convenience with your thoughts on our proposal. 
D. Miesbach 2

In accordance with 10 CFR 2.390 of the NRC’s “Rules of Practice,” a copy of this letter will be

available electronically for public inspection in the NRC Public Document Room or from the

Publicly Available Records (PARS) component of NRC’s Agencywide Documents Access

System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/readingrm/adams.html (the Public Electronic Reading Room).

Sincerely, 

/RA/

Gary S. Janosko, Chief

Fuel Cycle Facilities Branch

Division of Fuel Cycle Safety

 and Safeguards

Office of Nuclear Material Safety

 and Safeguards
D. Miesbach 2

In accordance with 10 CFR 2.390 of the NRC’s “Rules of Practice,” a copy of this letter will be

available electronically for public inspection in the NRC Public Document Room or from the

Publicly Available Records (PARS) component of NRC’s Agencywide Documents Access

System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/readingrm/adams.html (the Public Electronic Reading Room).

Sincerely, 

/RA/

Gary S. Janosko, Chief

Fuel Cycle Facilities Branch

Division of Fuel Cycle Safety

 and Safeguards

Office of Nuclear Material Safety

 and Safeguards

DISTRIBUTION: 

FCFB r/f MFliegel BSpitzberg

ML061940424

OFC FCFB FCFB FCFB FCFB

NAME RLinton BGarrett BvonTill GJanosko

DATE 07/13/06 07/18 /06 07/18/06 07/21/06 

OFFICIAL RECORD COPY